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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, applied to the Fair Work Commission for an extension of the 30-day period in relation to a matter identified as B2016/437. The application was against Griffin Coal Mining Company Pty Limited. The dispute at hand revolved around the interpretation and application of the Fair Work Act 2009, specifically concerning the procedural fairness and the extension of a time limit imposed by the Commission.

The central legal issues that the Fair Work Commission had to address included whether the AMWU's application for an extension of the 30-day period was lodged within a reasonable time and if there were valid reasons justifying the delay. The Commission also needed to consider whether the AMWU could demonstrate that it had acted with procedural fairness throughout the process. The AMWU argued that the delay was due to circumstances beyond their control, and they sought to have the matter heard on its merits.

In its decision, the Commission found that the AMWU's application for an extension was not lodged within a reasonable time. Despite acknowledging the AMWU's argument that the delay was due to circumstances beyond their control, the Commission determined that the AMWU had not provided sufficient justification for the late application. The Commission emphasised that strict adherence to time limits is crucial to ensure the timely resolution of disputes and the efficient administration of justice. Consequently, the application for an extension was dismissed.

The Fair Work Commission ordered that the application for an extension of the 30-day period in relation to B2016/437 be dismissed. The Commission also noted that the AMWU had failed to demonstrate that the delay was due to exceptional circumstances or that there was any procedural unfairness on the part of the Commission. This decision underscores the importance of adhering to procedural rules and timelines set forth by the Fair Work Commission to ensure the effective management of industrial disputes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established