"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v KDR Victoria Pty Ltd T/A Yarra Trams Summary

[2023] FWC 2706

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)

KDR Victoria Pty Ltd T/A Yarra Trams

(B2023/1103)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/944

This matter concerns the declaration of the result of a protected action ballot (PR765935) held in matter B2023/944 and declared on 22 September 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.

KDR Victoria Pty Ltd T/A Yarra Trams (Yarra Trams) has not advised the Commission of 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.

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 Yarra Trams be extended by a further 30 days.

This order will operate on and from 17 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) applied for an extension of the 30-day period within which industrial action could be authorised by a protected action ballot in their dispute with KDR Victoria Pty Ltd, trading as Yarra Trams. This application was made under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the period if certain conditions are met. Specifically, the AMWU sought an extension of the period authorised by the ballot, which was declared on 22 September 2023. Yarra Trams did not object to the application.

The legal issues before the Commission were whether the AMWU's application met the statutory criteria for an extension, namely that the 30-day period had not previously been extended and that the AMWU had applied for the extension. The Commission found that both conditions were satisfied. The AMWU had fulfilled its obligations by applying for the extension, and there was no evidence that the period had been extended before.

In light of the statutory requirements being met, the Deputy President granted the application, ordering that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension was to commence on 17 October 2023, the date of the decision. The decision was based on the Commission's satisfaction that the application complied with the necessary legal requirements.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v KDR Victoria Pty Ltd T/A Yarra Trams

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established