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

[2024] FWC 53

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

Fire Rescue Victoria

(B2024/10)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 9 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1206

This matter concerns the declaration of the result of a protected action ballot (PR766977) held in matter B2023/1062 and declared on 14 December 2023.

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.

Fire Rescue Victoria 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 Fire Rescue Victoria be extended by a further 30 days.

This order will operate on and from 9 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), versus Fire Rescue Victoria, was heard by the Fair Work Commission (FWC) in Sydney on 9 January 2024. This case revolves around the application by the AMWU to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period by up to 30 days if certain conditions are met. The AMWU sought this extension in relation to a ballot that was declared on 14 December 2023, and Fire Rescue Victoria did not object to the application.

The central legal issue in this case was whether the AMWU's application met the statutory requirements to extend the 30-day period for protected industrial action. Section 459(3) of the Fair Work Act 2009 provides the criteria that must be satisfied for such an extension to be granted. These criteria include the applicant being the same party that applied for the protected action ballot order and the period not having been previously extended. The AMWU argued that both conditions had been fulfilled, thus warranting an extension of the period. The Commission needed to assess the validity of these claims against the legislative requirements.

The Deputy President of the FWC, Wright, concluded that the AMWU's application satisfied the statutory requirements for an extension of the 30-day period. Given that Fire Rescue Victoria had no objections to the application, and the Commission was satisfied that the conditions stipulated in section 459(3) of the Act were met, the application was granted. Consequently, the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Fire Rescue Victoria was extended by an additional 30 days, effective from 9 January 2024. This decision was made in accordance with section 459(3) of the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established