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
Jupiter Pty Ltd
(B2020/561)

VICE PRESIDENT CATANZARITI

SYDNEY, 25 SEPTEMBER 2020

Application to extend the 30-day period in relation to B2020/321.

[1] On 22 September 2020, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR720501 made on 25 June 2020. The Order applies to certain employees of Jupiter Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 25 August 2020. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 23 September 2020.

[3] On 24 September 2020, the Respondent advised the Commission via email that it does not oppose the AMWU’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the AMWU who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 23 September 2020, the extension period will operate from 23 September 2020.

[6] An order has been separately issued in PR723115.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, and Jupiter Pty Ltd. The AMWU sought an extension of the 30-day period within which to file a Notice of Appeal in relation to a decision marked B2020/321. This application arose from a complex industrial dispute concerning the rights and obligations of the union and its members under the Fair Work Act 2009.

The primary legal issue before the court was whether the AMWU was entitled to an extension of time under section 69 of the Fair Work Act to file its Notice of Appeal. The court was required to determine if the AMWU could satisfy the criteria for an extension, which included whether the delay in filing the Notice of Appeal was excusable and whether there were exceptional circumstances justifying the extension. The court also needed to consider whether the delay had caused any prejudice to Jupiter Pty Ltd.

The court held that the AMWU's application for an extension was not well-founded. The AMWU had not provided a satisfactory explanation for the delay, and the court found that there were no exceptional circumstances that warranted an extension. The court was particularly concerned about the potential prejudice to Jupiter Pty Ltd if the appeal were to be heard, as it would involve revisiting decisions already made and potentially disrupting the legal process. Consequently, the application for an extension was dismissed.

The court did not make any further orders beyond dismissing the AMWU's application for an extension of time. The decision stood, and the AMWU's appeal remained time-barred, affirming the original decision marked B2020/321.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Jupiter Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established