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

[2023] FWC 2784

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

Longwarry Food Park Pty Ltd

(B2023/1135)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/957

This matter concerns the declaration of the result of a protected action ballot (PR765991) held in matter B2023/957 and declared on 28 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.

The Respondent 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 Longwarry Food Park Pty Ltd be extended by a further 30 days.

This order will operate on and from 25 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers’ Union (AMWU) against Longwarry Food Park Pty Ltd involves an application by the AMWU to extend the 30-day period during which industrial action is authorised by a protected action ballot. This application was brought before the Fair Work Commission under section 459 of the Fair Work Act 2009. The AMWU sought an extension of the period for taking industrial action against Longwarry Food Park Pty Ltd, which was authorised by a ballot declared on 28 September 2023. The company did not oppose the application.

The central legal issue the court had to address was whether the AMWU's application met the criteria for an extension as outlined in section 459(3) of the Fair Work Act 2009. Specifically, the court needed to determine if the AMWU had applied for an extension before the initial 30-day period expired and if the period had not already been extended. The court also considered the implications of the absence of any opposition from Longwarry Food Park Pty Ltd.

In reaching its decision, the court noted that the AMWU had fulfilled the requirements for an extension under section 459(3) of the Act. The AMWU had applied for the extension within the stipulated timeframe, and the 30-day period had not been extended previously. Given the absence of any opposition from Longwarry Food Park Pty Ltd, the court was satisfied that the AMWU had met all necessary criteria. Consequently, the court granted the application, ordering an extension of the 30-day period by a further 30 days. This extension became effective from 25 October 2023, allowing the AMWU additional time to organise industrial action if deemed necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established