“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 Summary

[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

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).

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.

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.

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

An order has been separately issued in PR737593.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) sought to extend the 30-day period for protected action authorised by a protected action ballot order against Dunbrae Pty Ltd T/A Global Facilities Maintenance. The application was made under s. 459(3) of the Fair Work Act 2009, and the ballot, which had resulted in a majority endorsement of the proposed forms of protected industrial action, was declared on 22 December 2021. The 30-day period, commencing on the date of the ballot result declaration, was set to expire on 20 January 2022. Dunbrae Pty Ltd neither consented nor objected to the AMWU’s application, leading the Fair Work Commission to determine the matter based on the documentation submitted.

The legal issue before the Commission was whether the AMWU's application to extend the 30-day period for protected action complied with s. 459 of the Fair Work Act 2009. This section stipulates that the application must be made by the union that issued the protected action ballot order, and the period in question must not have been extended previously. Given the AMWU fulfilled these criteria, the Commission was satisfied that the application met the requirements of the Act. Consequently, the Commission granted a 30-day extension, effective from 20 January 2022, when the initial period was due to expire.

In reaching this decision, the Fair Work Commission considered the statutory requirements outlined in s. 459 of the Fair Work Act 2009 and the documentation provided by the AMWU. The Commission noted that the AMWU was the appropriate applicant, and the 30-day period had not been extended before. Based on these findings, the Commission concluded that extending the period was appropriate and issued an order accordingly. This decision ensures that the AMWU can continue with the authorised industrial action within the extended timeframe, provided all other legal and procedural requirements are met.

The final order extends the 30-day period for protected action by the AMWU against Dunbrae Pty Ltd, effective from 20 January 2022, allowing the union to continue with the authorised industrial action within the extended timeframe. This outcome ensures that the AMWU can proceed with the necessary industrial action as authorised by the ballot order, subject to compliance with all relevant laws and regulations.

“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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established