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
Lactalis Australia Pty Ltd
(B2020/504)

VICE PRESIDENT CATANZARITI

SYDNEY, 2 SEPTEMBER 2020

Application to extend the 30-day period in relation to B2020/343.

[1] On 1 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, PR720669 made on 1 July 2020. The Order applies to certain employees of Lactalis Australia 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 5 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 expires at midnight on 3 September 2020.

[3] On 1 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 expires at midnight on 3 September 2020, the extension period will operate from 3 September 2020.

[6] An order has been separately issued in PR722461.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Manufacturing Workers' Union (AMWU) and Lactalis Australia Pty Ltd. The AMWU applied for an extension of the 30-day period for making submissions in relation to the application B2020/343. The AMWU sought to extend this period to allow for the resolution of issues related to the calculation of entitlements under the National Employment Standards and other related matters. The Commission was tasked with deciding whether the AMWU's application for an extension should be granted.

The primary legal issue was whether the AMWU's application for an extension of time should be approved under the Fair Work Act 2009. The AMWU argued that the extension was necessary due to complexities in the calculation of entitlements and the need for further investigation into the matter. Lactalis Australia opposed the application, asserting that the AMWU had not provided a compelling reason for the delay and that granting the extension would unfairly prejudice their position.

In its decision, the Commission considered the AMWU's reasons for the delay and the impact of the extension on Lactalis Australia. The Commission noted that while the AMWU had identified complexities in the calculations, these did not necessarily justify an extension beyond the 30-day period. The Commission found that the AMWU had not demonstrated exceptional circumstances warranting an extension. Consequently, the application for an extension was dismissed.

The Fair Work Commission ruled that the application to extend the 30-day period for making submissions in relation to B2020/343 was dismissed. The AMWU was not granted the extension it had sought, and the original 30-day period remained in effect. The Commission emphasized that while it understood the challenges posed by the complexities of the case, it could not accept that these justified a departure from the statutory timeframe.

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