"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Queensland Rail Transit Authority T/A Queensland Rail

[2023] FWC 1512

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

Queensland Rail Transit Authority T/A Queensland Rail

(B2023/623)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 JUNE 2023

Extension of 30-day period for protected action

This matter concerns the declaration of the result of a protected action ballot (PR761828) held in matter B2023/423 and declared on 11 May 2023.

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

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.”

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.

Queensland Rail and Transit Authority T/A Queensland Rail (Queensland Rail) has not advised the Commission it has any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

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 Queensland Rail be extended by a further 30 days.

This order will operate on and from 23 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), sought to extend the 30-day period for industrial action authorised by a protected action ballot against Queensland Rail Transit Authority, trading as Queensland Rail. The application was lodged with the Fair Work Commission, which was tasked with determining whether the period could be extended under section 459(3) of the Fair Work Act 2009. The Commission was required to consider whether the AMWU had met the statutory requirements for an extension and whether Queensland Rail had any objections.

The legal issue before the Commission was whether the AMWU's application for an extension of the 30-day period complied with the requirements of section 459(3) of the Act. The AMWU argued that it had applied for the extension within the stipulated timeframe and that the period had not previously been extended. Queensland Rail did not object to the application, leaving the Commission to assess the merits of the application based on the statutory criteria.

The Commission concluded that the AMWU had satisfied all the requirements for an extension under section 459(3) of the Act. Since Queensland Rail did not object to the application, and the AMWU had applied for the extension within the required period and had not previously extended the period, the Commission was satisfied that the application should be granted. Consequently, the Commission ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Queensland Rail be extended by a further 30 days, effective from 23 June 2023.

In light of the Commission's decision, the AMWU was granted an extension of the 30-day period for protected industrial action, allowing additional time to pursue their industrial action against Queensland Rail. The extension would commence on 23 June 2023 and would last for a further 30 days, providing the union with the opportunity to engage in protected industrial action within the extended timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established