“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Dunbrae Pty Ltd T/A Global Facilities Maintenance

[2022] FWC 87

[2022] FWC 87

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

Dunbrae Pty Ltd T/A Global Facilities Maintenance

(B2022/17)

VICE PRESIDENT CATANZARITI SYDNEY, 19 JANUARY 2022

Application to extend the 30 day period in relation to B2021/1083

1. On 17 January 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, PR735758 made on 12 November 2021. The Order applies to certain employees of Dunbrae Pty Ltd T/A Global Facilities Maintenance (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 22 December 2021. 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 20 January 2022.

1. On 18 January 2022, the Respondent advised the Commission via email that it neither consented nor objected to 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.

1. 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.

1. 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 20 January 2022, the extension period will operate from 20 January 2022.

1. An order has been separately issued in PR737593.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR737594>