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
Mater Misericordiae Limited
(B2021/273)

DEPUTY PRESIDENT DEAN

SYDNEY, 21 APRIL 2021

Application to extend the 30-day period in relation to B2021/75.

[1] On 20 April 2021, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application to the Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR726985 (the Order) made on 15 February 2021. The Order applies to certain employees of Mater Misericordiae Limited (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 30 March 2021. 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 28 April 2021.

[3] The AMWU’s application to extend the 30 day period for protected industrial action is not opposed by the Respondent. Accordingly, I have decided to determine 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 28 April 2021, the extension period will operate from 28 April 2021.

[6] An order has been separately issued in PR728823.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period under section 240 of the Fair Work Act 2009 (Cth) in relation to B2021/75. The AMWU sought to intervene in proceedings initiated by Mater Misericordiae Limited, a healthcare provider, which aimed to dismiss 556 employees due to the cessation of a contract for services with the Commonwealth of Australia. The AMWU argued that the dismissals would result in a significant adverse impact on the employees and their families, and that an extension of time was necessary to adequately represent the employees and protect their interests.

The legal issues before the FWC centred on whether the AMWU had provided sufficient grounds for an extension of the 30-day period under section 240 of the Fair Work Act 2009 (Cth). The AMWU needed to demonstrate that there were exceptional circumstances justifying the extension, and that the delay would not cause prejudice to the respondent, Mater Misericordiae Limited. The FWC considered the nature and urgency of the proceedings, the impact of the delay on the employees and their families, and the potential for prejudice to Mater Misericordiae Limited if the extension was granted.

In its decision, the FWC determined that the AMWU had provided sufficient grounds for an extension of the 30-day period. The FWC found that the delay would not cause prejudice to Mater Misericordiae Limited, and that the employees and their families would suffer a significant adverse impact if the application was not granted. The FWC also considered the urgency of the proceedings and the potential for prejudice to the employees if the extension was not granted. As a result, the FWC granted the AMWU's application for an extension of the 30-day period, allowing them to intervene in the proceedings and adequately represent the employees' interests.

The FWC ordered that the 30-day period under section 240 of the Fair Work Act 2009 (Cth) be extended by a further 30 days, commencing from the date of the decision. The AMWU was granted leave to intervene in the proceedings and represent the employees in relation to the proposed dismissals. The FWC emphasised the importance of protecting the employees' interests and ensuring that they had adequate representation throughout the proceedings.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established