"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Eastern Australia Airlines Pty Limited Summary

[2023] FWC 1877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Eastern Australia Airlines Pty Limited

(B2023/764)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 28 JULY 2023

Application to extend the 30 day period in relation to B2023/515

This matter concerns the declaration of the result of a protected action ballot (PR762800) held in matter B2023/515 and declared on 3 July 2023.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the AMWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Eastern Australian Airlines Pty Limited has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AMWU members employed by Eastern Australian Airlines Pty Limited be extended by a further 30 days.

This order will operate on and from 28 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action could be undertaken by its members employed by Eastern Australian Airlines Pty Limited. This application arose following the declaration of the result of a protected action ballot (PR762800) held in relation to matter B2023/515, which was declared on 3 July 2023. The union sought an extension under section 459(3) of the Fair Work Act 2009, which allows for an additional 30 days if certain conditions are met. Eastern Australian Airlines Pty Limited did not object to the application.

The primary legal issue before the FWC was whether the union had met the statutory requirements for extending the 30-day period for industrial action. Section 459(3) of the Act requires that the applicant for the protected action ballot order must apply to the FWC for an extension and that the period must not have been extended previously. The union argued that both conditions were satisfied. The FWC had to determine whether the union's application was valid and whether the statutory criteria had been fulfilled.

The FWC Deputy President Wright found that the AMWU had satisfied the statutory requirements for extending the 30-day period. The union had applied for the extension, and the period had not been previously extended. The Deputy President was satisfied that the application met the criteria set out in section 459(3) of the Act. Given that Eastern Australian Airlines Pty Limited had no objection to the application, the Deputy President concluded that the application should be granted. The union's request for a 30-day extension was therefore approved.

Pursuant to section 459(3) of the Fair Work Act 2009, the Deputy President ordered that the 30-day period for the commencement of protected industrial action by eligible AMWU members employed by Eastern Australian Airlines Pty Limited be extended by a further 30 days. This order took effect from 28 July 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Eastern Australia Airlines Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established