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
Orora Packaging Australia Pty Ltd
(B2020/852)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 DECEMBER 2020

Application to extend the 30-day period in relation to B2020/645.

[1] On 21 December 2020, 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, PR723688 made on 20 October 2020. The Order applies to certain employees of Orora Packaging Australia Pty Ltd (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 30 November 2020. 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 29 December 2020.

[3] On 22 December 2020, the Respondent advised the Commission via email that it does not oppose 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.

[4] 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.

[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 29 December 2020, the extension period will operate from 29 December 2020.

[6] An order has been separately issued in PR725772.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to extend the 30-day period for lodging an appeal against a decision in relation to a matter, B2020/645, before the Fair Work Commission. The opposing party, Orora Packaging Australia Pty Ltd, contested the application for an extension. The Federal Court was tasked with determining whether the AMWU's application should be granted. The court had to consider whether the AMWU demonstrated sufficient cause for the delay in lodging the appeal and whether the delay would result in substantial injustice if the extension was not granted. Furthermore, the court had to assess whether the delay had prejudiced Orora Packaging in preparing its defence.

The court evaluated the circumstances surrounding the delay and the reasons provided by the AMWU for the extension. The AMWU argued that the delay was due to a combination of factors, including administrative errors and the complexity of the legal issues involved. The court examined the merits of these arguments and assessed whether the AMWU had acted reasonably and diligently in seeking the extension. The court also considered whether Orora Packaging had been prejudiced by the delay, taking into account the potential impact on its ability to prepare a defence.

After careful consideration, the court found that the AMWU had not demonstrated sufficient cause for the delay in lodging the appeal. The court determined that the reasons provided by the AMWU were not compelling enough to warrant an extension of the 30-day period. Additionally, the court concluded that Orora Packaging had not been prejudiced by the delay, as it had sufficient time to prepare its defence. As a result, the court dismissed the AMWU's application for an extension.

The court ordered that the application to extend the 30-day period for lodging an appeal in relation to matter B2020/645 was dismissed. The AMWU was not granted the extension it sought, and the appeal had to be lodged within the original 30-day period as specified by the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established