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

[2023] FWC 3484

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

Meritor Heavy Vehicle Systems Australia Ltd

(B2023/1407)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 29 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1174

This matter concerns the declaration of the result of a protected action ballot PR767695 held in matter B2023/1174 and declared on 6 December 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or the 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 Applicant contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Meritor Heavy Vehicle Systems Australia Ltd was advised to raise any objections by 3:30pm on Friday, 22 December 2023 and did not do so.

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 Meritor Heavy Vehicle Systems Australia Ltd be extended by a further 30 days.

This order will operate on and from 29 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), against Meritor Heavy Vehicle Systems Australia Ltd. The matter involves an application by the AMWU to extend the 30-day period for industrial action authorised by a protected action ballot held and declared on 6 December 2023. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period if certain conditions are met, such as the absence of a previous extension and the AMWU’s application for the extension.

The primary legal issue the Commission needed to decide was whether the AMWU’s application met the statutory requirements for extending the 30-day period under the Fair Work Act. Specifically, the Commission had to determine if the AMWU had complied with the procedural prerequisites, including the timely application and the absence of a prior extension. Additionally, the Commission needed to consider whether there were any objections raised by Meritor Heavy Vehicle Systems Australia Ltd within the stipulated timeframe.

In its decision, the Fair Work Commission found that the AMWU had satisfied the necessary conditions for an extension. The Commission noted that Meritor Heavy Vehicle Systems Australia Ltd was duly notified and provided with an opportunity to raise any objections by 3:30pm on Friday, 22 December 2023, but failed to do so. As a result, the Commission concluded that the application met all the statutory requirements, and therefore, the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. This decision was made pursuant to section 459(3) of the Act, which allows for the extension if the application is made by the applicant and the period has not previously been extended.

The Fair Work Commission issued an order extending the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Meritor Heavy Vehicle Systems Australia Ltd by a further 30 days. This order took effect from 29 December 2023. The Commission's decision was based on the AMWU’s compliance with the statutory requirements and the absence of objections from Meritor Heavy Vehicle Systems Australia Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established