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

[2023] FWC 642

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

Metso Outotec Australia Limited

(B2023/209)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MARCH 2023

Application to extend the 30 day period in relation to B2023/44

On 3 March 2023, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (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, PR750002 made on 25 January 2023. The Order applies to certain employees of Metso Outotec Australia Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 7 February 2023. 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 expired at midnight on 8 March 2023.

The Respondent neither consented nor objected to the AMWU’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.

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.

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 expired at midnight on 8‎ ‎March‎ ‎2023 the extension period will operate from 8‎ ‎March‎ ‎2023.

An order has been separately issued in PR760365.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting as the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union", filed an application with the Fair Work Commission (FWC) under section 459(3) of the Fair Work Act 2009. The AMWU sought an extension of the 30-day period for protected action authorised by a ballot order, PR750002, which was made on 25 January 2023. The order pertains to certain employees of Metso Outotec Australia Limited. The ballot results, confirming the endorsement of proposed forms of protected industrial action by a majority of the relevant employees, were declared on 7 February 2023. As per section 459(1)(d)(i) of the Act, the 30-day period for protected action commenced on the declaration date and thus concluded at midnight on 8 March 2023. Metso Outotec Australia Limited neither consented nor opposed the AMWU's application to extend the 30-day period for protected industrial action, leading to a determination of the matter based on the filed documentation.

The primary legal issue before the FWC was whether the AMWU's application to extend the 30-day period for protected action complied with the requirements set forth in section 459 of the Fair Work Act 2009. Specifically, the court needed to determine if the AMWU, as the applicant for the protected action ballot order, had satisfied the necessary conditions to warrant an extension. Moreover, the court had to consider whether the specified 30-day period had been previously extended. The AMWU's application was made within the statutory timeframe and fulfilled the prerequisites outlined in section 459 of the Act. Consequently, the FWC found that an extension of the 30-day period for protected action was appropriate.

In light of the above, the FWC granted the AMWU's application to extend the 30-day period for protected action. Given that the original 30-day period expired at midnight on 8 March 2023, the extension period commenced from that date. This decision ensures that the AMWU can continue with the authorised industrial action beyond the initial 30-day limit. A separate order, PR760365, was issued to reflect this extension.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established