"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Metal Manufactures Limited T/A Mm Kembla Summary

[2024] FWC 25

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

Metal Manufactures Limited T/A MM Kembla

(B2024/3)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 4 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1092

This matter concerns the declaration of the result of a protected action ballot (PR767237) held in matter B2023/1092 and declared 6 December 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.

Metal Manufactures Limited T/A MM Kembla (MM Kembla) has not advised the Commission that it has any objections to the 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 MM Kembla be extended by a further 30 days.

This order will operate on and from 4 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with 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 within which industrial action can be authorised by a protected action ballot. This application was in relation to a matter between the AMWU and Metal Manufactures Limited, trading as MM Kembla. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if the applicant for the protected action ballot order applies for the extension and the period has not been previously extended. MM Kembla did not object to the application.

The legal issue before the Deputy President was whether the AMWU's application met the statutory requirements to extend the 30-day period for protected industrial action. The key consideration was whether the application was made by an applicant for the protected action ballot order and whether the period had not been previously extended. The Deputy President concluded that the AMWU's application satisfied these requirements. The Commission noted that MM Kembla did not raise any objections, which further supported the grant of the application. Given these findings, the Deputy President ordered that the 30-day period for protected industrial action be extended by a further 30 days, effective from 4 January 2024.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Metal Manufactures Limited T/A Mm Kembla

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established