| [2022] FWC 1323 |
| 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
Downer EDI Rail Pty Ltd
(B2022/486)
| VICE PRESIDENT CATANZARITI | SYDNEY, 27 MAY 2022 |
Application to extend the 30 day period in relation to B2022/200
On 25 May 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, PR739301 made on 15 March 2022. The Order applies to certain employees of Downer EDI Rail 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 28 April 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 expires at midnight on 27 May 2022.
On 26 May 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 27 May 2022, the extension period will operate from 27 May 2022.
An order has been separately issued in PR742049.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR742050>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Downer EDI Rail Pty Ltd [2022] FWC 1323
- Case
- [2022] FWC 1323
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Fair Work Commission was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act. This section allows for an extension if certain conditions are met, including that the period has not previously been extended and that the application is made by the union that was the subject of the protected action ballot order. The Commission needed to determine if these conditions were satisfied and if an extension was appropriate.
The Fair Work Commission found that the AMWU met all the relevant requirements for an extension as set out in section 459 of the Fair Work Act. Since the 30-day period was due to expire at midnight on 27 May 2022, the extension would commence from that date. Given that Downer EDI Rail Pty Ltd did not oppose the application, the Commission was satisfied with the application's merits and the need for an extension.
In light of the findings, the Fair Work Commission issued an order extending the 30-day period for protected action. This order was issued separately under the reference PR742049. The extension allowed the AMWU to continue with the protected industrial action for an additional 30 days beyond the initial period.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.