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

[2023] FWC 2088

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

Mars Australia Pty Ltd T/A Mars Wrigley

(B2023/860)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2023

Application to extend the 30 day period in relation to B2023/700.

This matter concerns the declaration of the result of a protected action ballot (PR764189) held in matter B2023/700 and declared on 13 July 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.

Mars Australia Pty Ltd T/A Mars Wrigley (Mars) 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 Mars extended by a further 30 days.

This order will operate on and from 23 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), to extend the 30-day period during which industrial action could be authorised by a protected action ballot. The application was made in relation to a dispute with Mars Australia Pty Ltd T/A Mars Wrigley. The AMWU sought to extend the period allowed for commencing industrial action by a further 30 days, under section 459(3) of the Fair Work Act 2009.

The legal issue before the Commission was whether the AMWU had satisfied the requirements of section 459(3) to warrant an extension of the 30-day period. The AMWU had to demonstrate that they had applied for the extension and that the period had not previously been extended. Mars did not object to the application. The Deputy President was satisfied that the AMWU had met the requirements of the Act and granted the application.

Accordingly, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Mars be extended by a further 30 days. This order was to take effect from 23 August 2023. The AMWU's application was successful as they had met the statutory requirements for an extension.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established