| [2022] FWC 2691 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
DMH Plant Services Pty Ltd
(B2022/1509)
| VICE PRESIDENT CATANZARITI | SYDNEY, 6 OCTOBER 2022 |
Application to extend the 30 day period in relation to B2022/1293
On 4 October 2022, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR745320 made on 30 August 2022. The Order applies to certain employees of DMH Plant Services Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 6 September 2022. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 5 October 2022.
On 5 October 2022, the Respondent advised the Commission via email that it does not oppose the AMWU’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.
In addressing s.459(3) of the Act, this application is made by the AMWU who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.
On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 5 October 2022, the extension period will operate from 5 October 2022.
An order has been separately issued in PR746563.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR746564>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v DMH Plant Services Pty Ltd [2022] FWC 2691
- Case
- [2022] FWC 2691
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the AMWU's application met the requirements set out in s.459(3) of the Fair Work Act. Specifically, the Commission had to determine if the application was made by the AMWU, the applicant for the protected action ballot order, and whether the 30-day period specified in s.459(1)(d)(i) had already been extended. The Commission also had to consider if the extension was appropriate based on the documentation provided. The respondent, DMH Plant Services Pty Ltd, did not oppose the AMWU’s application, which was made within the stipulated timeframe and had not previously been extended.
The Commission found that the AMWU's application met all the relevant requirements of s.459 of the Act. It was satisfied that the AMWU, as the applicant for the protected action ballot order, had the standing to make the application, and the 30-day period had not been extended before. The Commission concluded that a 30-day extension was appropriate. The extension period was set to begin from 5 October 2022, the date when the original 30-day period expired. An order was subsequently issued in PR746563, reflecting the Commission’s decision.
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Background
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Evidence
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