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

[2023] FWC 1672

[2023] FWC 1672

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

Mondelez Australia Pty Ltd T/A Cadbury Claremont

(B2023/690)

COMMISSIONER JOHNS MELBOURNE, 14 JULY 2023

Application to extend the 30 day period in relation to B2023/386 plus variation B2023/497

1. This matter concerns the declaration of the result of a protected action ballot held in matter B2023/386 (PR761504) and variation issued in B2023/497 (PR762559) and declared on 14 June 2023.

1. 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 (the Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

1. 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.”

1. 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.

1. Mondelez Australia Pty Ltd T/A Cadbury Claremont (Respondent) objected to the application primarily on the basis that, it contended, the AMWU has been filing industrial notices under s.414 of the Act but then not engaging in the action contained in the notices. It further contended that where action has occurred it has not been exercised by a vast majority of members/employees. It opposed the extension because there has been no apparent enlivening of most protected action types (despite the notices).

1. Accordingly, I listed the matter for a mention/directions hearing on 14 July 2023.

1. In respect of an application for an extension (such as the one before me), I am not aware of any authority for the proposition that an extension should be denied because of the circumstances described by the Respondent. After being invited to do so the Respondent was unable to assist me by referring me to any such authority supporting its position.

1. In light of the same, I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. 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 Mondelez Australia Pty Ltd T/A Cadbury Claremont be extended by a further 30 days.

1. An order will be issued with this decision [PR764264].

COMMISSIONER

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<PR764095>