"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

[2023] FWC 595

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

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

(B2023/224)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 MARCH 2023

Application to extend the 30 day period in relation to B2023/63

On 9 March 2023, 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, PR750107 made on 1 February 2023. The Order applies to certain employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 15 February 2023. 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 16 March 2023.

On 10 March 2023, 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.

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.

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 ‎16‎ ‎March‎ ‎2023, the extension period will operate from ‎16‎ ‎March‎ ‎2023.

An order has been separately issued in PR760232.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for an extension of the 30-day period for protected action authorised by a protected action ballot order. This application arose from a protected action ballot order, PR750107, which was made on 1 February 2023 and applied to certain employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia). The AMWU sought to extend the period for protected industrial action, which was set to expire on 16 March 2023. Lloyd Helicopters did not oppose the application.

The primary legal issue before the Vice President was whether the requirements under section 459 of the Fair Work Act 2009 were met to allow for the extension of the 30-day period for protected industrial action. This involved an examination of whether the AMWU, as the applicant, had met the necessary criteria to warrant an extension, and whether the specified period had already been extended previously. Given that the period had not been extended and the application was made in accordance with the statutory requirements, the Vice President found that the AMWU had satisfied the relevant provisions of the Act.

The Vice President concluded that the AMWU had fulfilled the necessary requirements under section 459 of the Fair Work Act 2009 for an extension of the 30-day period. Consequently, the 30-day extension was deemed appropriate. The extended period would commence from 16 March 2023, the date the original 30-day period was due to expire. This decision was encapsulated in an order issued separately under PR760232.

The Fair Work Commission granted the AMWU's application to extend the 30-day period for protected industrial action. The extended period was set to begin from 16 March 2023, thereby allowing for continued protected action as authorised by the original ballot order, PR750107. This outcome was formalised through a separate order issued by the Vice President under PR760232, ensuring that the extended period would be effectively implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established