| [2022] FWC 1770 |
| 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
FreshFood Management Services Pty Ltd
(B2022/648)
| VICE PRESIDENT CATANZARITI | SYDNEY, 7 JULY 2022 |
Application to extend the 30 day period in relation to B2022/332
On 5 July 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, PR741129 made on 2 May 2022. The Order applies to certain employees of FreshFood Management Services Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 8 June 2022. 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 7 July 2022.
On 7 July 2022, the Respondent advised the Commission via email that it does not oppose 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 7 July 2022, the extension period will operate from 7 July 2022.
An order has been separately issued in PR743562.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR743563>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v FreshFood Management Services Pty Ltd [2022] FWC 1770
- Case
- [2022] FWC 1770
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the requirements of section 459 of the Act were satisfied to permit an extension of the 30 day period for protected action. Section 459(3) of the Act allows for an extension of the period if certain conditions are met. The AMWU had to demonstrate that the extension was appropriate and that the period had not been previously extended. The Commission considered the documentation filed by the AMWU and determined that the requirements of section 459 had been met. The Commission was satisfied that an extension of the 30 day period was appropriate.
The Fair Work Commission granted the AMWU’s application to extend the 30 day period for protected action. The extension was set to operate from 7 July 2022, the date the original 30 day period expired. The Commission concluded that the requirements of section 459 of the Act had been met, and it was appropriate to grant the extension. A separate order, PR743562, was issued to effect the extension.
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