“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Energy Queensland Limited

[2024] FWC 843

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

Energy Queensland Limited

(B2024/275)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 APRIL 2024

Application to extend the 30 day period in relation to B2024/105

This matter concerns the declaration of the result of a protected action ballot (PR771187) held in matter B2024/105 and declared on 5 March 2024.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

Energy Queensland Limited (Energy Queensland) has not advised the Commission of any 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 Energy Queensland be extended by a further 30 days.

This order will operate on and from 3 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of the Australian Manufacturing Workers’ Union (AMWU) versus Energy Queensland Limited was heard by the Fair Work Commission, specifically Deputy President Hampton, on 3 April 2024. The AMWU, acting on behalf of its members, sought an extension of the 30-day period within which industrial action could be authorised by a protected action ballot. This request was made under section 459(3) of the Fair Work Act 2009, which allows for the extension of the period by up to 30 days if certain conditions are met. Energy Queensland Limited did not object to the application, leading to the court's consideration of the AMWU's application.

The primary legal issue before the court was whether the AMWU's application satisfied the criteria outlined in section 459(3) of the Fair Work Act. Specifically, the court had to determine if the AMWU had applied to the Commission for the extension, and if the period in question had not previously been extended. The AMWU argued that both conditions were fulfilled, thus warranting an extension of the 30-day period for the commencement of protected industrial action. Given that Energy Queensland had not raised any objections, the court had to assess the merits of the application based on the evidence and arguments presented by the AMWU.

After reviewing the application, the Deputy President concluded that the AMWU's request met the statutory requirements for an extension. The court found that the AMWU had indeed applied to the Commission for the extension, and there was no prior extension of the period. Consequently, the court granted the AMWU's application, extending the 30-day period for the commencement of protected industrial action by a further 30 days. This decision was made in accordance with section 459(3) of the Fair Work Act, effective from 3 April 2024.

The court's decision was clear and concise, ensuring that the AMWU's application was granted, thereby extending the authorised period for protected industrial action. This extension provided additional time for negotiations and potential resolution of the underlying issues between the AMWU and Energy Queensland, without immediate recourse to industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established