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

[2023] FWC 2851

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

Greenfreight (Services) Pty Limited

(B2023/1182)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 31 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/865

This matter concerns the declaration of the result of a protected action ballot (PR765941) held in matter B2023/865 and declared on 4 October 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.

The Respondent 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 Greenfreight (Services) Pty Limited be extended by a further 30 days.

This order will operate on and from 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), against Greenfreight (Services) Pty Limited, the Fair Work Commission was tasked with deciding whether to extend the 30-day period in which industrial action could be authorised by a protected action ballot. The AMWU had conducted a ballot (PR765941) in relation to matter B2023/865, which was declared on 4 October 2023. The union sought an extension of this period under section 459(3) of the Fair Work Act 2009, arguing that the statutory requirements for such an extension had been fulfilled. The respondent, Greenfreight (Services) Pty Limited, did not object to the application.

The primary legal issue before the court was whether the AMWU had satisfied the conditions set out in section 459(3) of the Fair Work Act 2009 for extending the 30-day period in which industrial action could be authorised. Specifically, the court had to determine if the AMWU's application was made within the required timeframe and if the period had not already been extended previously. The court also considered whether there were any compelling reasons to grant or deny the extension.

The Deputy President concluded that the AMWU had met all the statutory requirements for extending the 30-day period. The court noted that the AMWU had applied for the extension within the permissible timeframe and that the period had not been extended before. The Deputy President was satisfied that there were no objections from the respondent and that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 31 October 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established