| [2023] FWC 2472 |
| 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
Infrabuild (Newcastle) Pty Ltd, (Manufacturing) Pty Ltd
(B2023/1018)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 25 SEPTEMBER 2023 |
Application to extend the 30 day period in relation to B2023/808
This matter concerns the declaration of the result of a protected action ballot (PR765009) held in matter B2023/808 and declared on 29 August 2023.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.
Infrabuild (Newcastle) Pty Ltd, (Manufacturing) Pty Ltd (Infrabuild) has advised the Commission it has no 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 Infrabuild be extended by a further 30 days.
This order will operate on and from 25 September 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR766558>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Infrabuild (Newcastle) Pty Ltd, (Manufacturing) Pty Ltd [2023] FWC 2472
- Case
- [2023] FWC 2472
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the AMWU's application to extend the authorised period for industrial action met the criteria outlined in section 459(3) of the Fair Work Act. The AMWU argued that the application was made within the requisite timeframe and that the period had not been previously extended, thereby satisfying the statutory requirements. Infrabuild's lack of objection was also noted.
In reviewing the application, Deputy President Hampton found that the AMWU's application complied with the statutory prerequisites for extending the authorised period for industrial action. The Deputy President concluded that the application should be granted, thereby extending the period for which industrial action was authorised by a further 30 days. This extension was to take effect from 25 September 2023.
Accordingly, the Commission ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Infrabuild be extended by a further 30 days, effective from 25 September 2023. This decision was based on the AMWU's compliance with the statutory requirements and the absence of objection from Infrabuild.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.