"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Isis Central Sugar Mill Company Limited Summary

[2023] FWC 1394

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

Isis Central Sugar Mill Company Limited

(B2023/558)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 JUNE 2023

Application to extend the 30 day period in relation to B2023/403

This matter concerns the declaration of the result of a protected action ballot (PR761701) held in matter B2023/403 and declared on 22 May 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.

Isis Central Sugar Mill Company Limited has does not have 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 given the express statutory terms.

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 Isis Central Sugar Mill Company Limited be extended by a further 30 days.

This order will operate on and from 14 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) versus Isis Central Sugar Mill Company Limited, the Australian Manufacturing Workers' Union (AMWU) sought an extension of the 30-day period in which industrial action could be authorised by a protected action ballot. This application was made pursuant to section 459(3) of the Fair Work Act 2009. The union argued that the conditions of the Act had been met and requested an additional 30-day extension. Isis Central Sugar Mill Company Limited did not oppose the application.

The legal issue before the court was whether the AMWU's application met the criteria outlined in section 459(3) of the Fair Work Act 2009. This section allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended, and the period has not previously been extended. The union argued that it had fulfilled these requirements and that the extension should be granted.

Upon reviewing the application and considering the statutory criteria, the Deputy President concluded that the AMWU's application satisfied the conditions set out in the Fair Work Act 2009. The Deputy President granted the extension, ordering that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 14 June 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Isis Central Sugar Mill Company Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established