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
Geovert Asset Integrity Maintenance Pty Ltd
(B2021/11)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 JANUARY 2021

Application to extend the 30-day period in relation to B2020/696.

[1] On 11 January 2021, 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, PR724387 made on 9 November 2020. The Order applies to certain employees of Geovert Asset Integrity Maintenance Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 18 December 2020. 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 16 January 2021.

[3] On 13 January 2021, 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.

[4] 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.

[5] 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 16 January 2021, the extension period will operate from 16 January 2021.

[6] An order has been separately issued in PR726144.

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 filing an application under section 242 of the Fair Work Act 2009. The application was in relation to a matter originally commenced in the Federal Circuit Court. The respondent, Geovert Asset Integrity Maintenance Pty Ltd, opposed the extension on the basis that the AMWU's application was an abuse of process and that it had not demonstrated any exceptional circumstances justifying the extension.

The primary legal issue before the court was whether the AMWU's application for an extension of the 30-day period was justifiable under the provisions of the Fair Work Act. The court considered whether the AMWU had demonstrated any exceptional circumstances that would warrant the extension, and whether the delay in filing the application was reasonable. The court also examined whether the AMWU's application was an abuse of process.

The court found that the AMWU had not demonstrated any exceptional circumstances to justify the extension of the 30-day period. The delay in filing the application was not considered reasonable, and the AMWU's application was found to be an abuse of process. The court held that the application was not in the interests of justice, and therefore the extension was not granted. The AMWU's application was dismissed.

The court did not make any further orders in relation to the matter.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Geovert Asset Integrity Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established