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

[2016] FWC 3617

[2016] FWC 3617 [Note: a correction has been issued to this document]

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
Griffin Coal Mining Company Pty Limited
(B2016/594)

DEPUTY PRESIDENT BINET PERTH, 2 JUNE 2016

Application to extend the 30-day period in relation to B2016/437.

[1] On 13 April 2016 Commission Cloghan issued an order in B2016/437 [PR579076] (Order) on application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) for a protected action ballot (Ballot) to be conducted of employees of Griffin Coal Mining Company Pty Ltd (Griffin).

[2] The results of that Ballot were declared on 28 April 2016.

[3] In accordance with subsection 459(1)(d) of the Fair Work Act 2009 (FW Act), the protected action authorised by the Ballot conducted pursuant to the Order was due to commence by 28 May 2016.

[4] On 31 May 2016 the AMWU made an application pursuant to subsection 459(3) for the Fair Work Commission (FWC) to extend the 30 day period in which industrial action authorised by the Ballot conducted pursuant to the Order must commence (Application).

[5] On 1 June 2016 Griffin confirmed by email that the Application to extend the 30 day period was not opposed.

[6] The period in which the industrial action authorised by the Ballot conducted pursuant to the Order must commence has not previously been extended. The power to grant an extension can be exercised where the application to do so is made before or after the expiration of the original 30 day period: National Union of Workers v Symbion Pharmacy Services Pty Ltd[2009] FWA 1284.

[7] Pursuant to subsection 459(3) of the FW Act, the FWC extends the period during which industrial action authorised by the Ballot conducted pursuant to the Order must commence, by a further 30 days, until 27 June 2016.

[8] An order [PR581127] to this effect will be issued.

DEPUTY PRESIDENT

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