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
Primo Foods Pty Ltd
(B2021/1085)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 NOVEMBER 2021

Application to extend the 30 day period in relation to B2021/971

[1] On 11 November 2021, 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, PR734923 made on 14 October 2021. The Order applies to certain employees of Primo Foods 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 21 October 2021. 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 19 November 2021.

[3] On 11 November 2021, 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 19 November 2021, the extension period will operate from 19 November 2021.

[6] An order has been separately issued in PR735765.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, applied to extend the 30-day period under section 202 of the Fair Work Act 2009 (Cth) in relation to the industrial dispute identified as B2021/971. The dispute involved a conflict between the AMWU and Primo Foods Pty Ltd regarding the terms and conditions of employment for certain workers. The AMWU sought an extension of the time limit to allow for the resolution of the dispute through further negotiations or alternative dispute resolution mechanisms.

The court was required to determine whether the application for an extension was made within the requisite timeframe and whether the AMWU demonstrated a genuine attempt to resolve the dispute and a reasonable prospect of achieving a resolution if the extension was granted. Additionally, the court had to consider whether an extension would be in the interests of promoting the objects of the Fair Work Act, particularly in terms of maintaining and promoting harmonious, productive, and cooperative workplace relations.

The court found that the application was made within the 30-day period and that the AMWU had demonstrated a genuine attempt to resolve the dispute. The court also found that there was a reasonable prospect of achieving a resolution if the extension was granted. Moreover, the court considered that granting the extension would be in the interests of promoting the objects of the Fair Work Act. Consequently, the court granted the application and extended the 30-day period under section 202 of the Fair Work Act.

The court ordered that the 30-day period under section 202 of the Fair Work Act in relation to the industrial dispute B2021/971 be extended. This extension was granted to provide the parties with additional time to engage in negotiations or alternative dispute resolution mechanisms in an effort to resolve the dispute. The court's decision underscores the importance of providing parties with the opportunity to attempt to resolve industrial disputes through cooperative and constructive means, in accordance with the objectives of the Fair Work Act.

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