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

[2023] FWC 2629

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)

Metro Tasmania Pty Ltd T/A Metro

(B2023/1070)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/792

This matter concerns the declaration of the result of a protected action ballot (PR764848) held in matter B2023/792 and declared on 13 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.

Metro Tasmania Pty Ltd trading as Metro (Metro) has advised the Commission it has no 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 Metro be extended by a further 30 days.

This order will operate on and from 11 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Metro Tasmania Pty Ltd, trading as Metro. The AMWU applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The Commission was asked to consider the application under section 459(3) of the Fair Work Act 2009. Metro did not oppose the application.

The central legal issue was whether the AMWU's application met the statutory requirements for extending the 30-day period for protected industrial action. The AMWU argued that the requirements of the Act were satisfied and that the period should be extended by a further 30 days. Metro did not object to the application. The Deputy President needed to determine whether the application complied with the conditions set out in section 459(3) of the Act, particularly the condition that the period has not previously been extended.

The Deputy President found that the AMWU's application complied with the statutory requirements, as Metro had no objection and the period had not been previously extended. Consequently, the Deputy President granted the application and extended the 30-day period by an additional 30 days. The order was effective from 11 October 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established