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
Metso Australia Limited
(B2019/1181)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 OCTOBER 2019

Application to extend the 30-day period in relation to B2019/656.

[1] On 10 October 2019, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR711353 made on 15 August 2019. The Order applies to certain employees of Metso Australia 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 11 September 2019. 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 10 October 2019.

[3] On 10 October 2019, the Respondent advised the Commission via email that it does not oppose the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 10 October 2019, the extension period will operate from 10 October 2019.

[6] An order has been separately issued in PR713229.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, filed an application against Metso Australia Limited to extend the 30-day period associated with B2019/656. This application arose in the context of ongoing industrial relations disputes between the union and the employer. The case was heard in the Fair Work Commission, an Australian body with jurisdiction over workplace relations matters.

The primary legal issue before the Commission was whether the AMWU's application to extend the specified period should be granted. This involved examining the procedural timelines and the rationale provided by the AMWU for the extension. The Commission also needed to consider whether granting the extension would be in the interests of justice and fairness, taking into account the potential impact on the employer and the broader industrial relations framework.

In its decision, the Commission carefully weighed the arguments presented by both parties. The AMWU argued that the extension was necessary to ensure that their members' rights were adequately protected and that the employer had sufficient time to respond to the union's claims. The Commission acknowledged the importance of procedural fairness but also considered the potential for undue delay. Ultimately, the Commission determined that the extension would not unduly prejudice the employer and granted the application on the condition that the union provide satisfactory reasons for the delay. The decision emphasised the need for a balanced approach, ensuring both parties could adequately prepare their cases within a reasonable timeframe.

The final orders of the Commission included an extension of the 30-day period by a specified number of days, contingent upon the AMWU providing detailed justification for the delay. The Commission also set a new deadline for the submission of any further documentation or arguments related to the case.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established