"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 1509

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

(B2023/631)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 JUNE 2023

Application to extend the 30 day period in relation to B2023/431

This matter concerns the declaration of the result of a protected action ballot (PR761855) held in matter B2023/431 and declared on 31 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 Transit Authority has advised the Commission it has no 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 Transit Authority 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, known as the Australian Manufacturing Workers' Union (AMWU), has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot. The application was made against the Queensland Rail Transit Authority T/A Queensland Rail. The protected action ballot in question was declared on 31 May 2023. The application is made pursuant to section 459(3) of the Fair Work Act 2009, which permits the Commission to extend the 30-day period by up to 30 days if certain conditions are met, including that the period has not previously been extended.

The central legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been met to permit an extension of the 30-day period for protected industrial action. The AMWU argued that all the requirements for an extension had been satisfied, and the Queensland Rail Transit Authority did not object to the application. The Deputy President considered the application and found that the requirements of the Act had indeed been met.

In making the decision, the Deputy President noted that the AMWU had complied with all the conditions stipulated in section 459(3) of the Act, and there was no prior extension of the 30-day period. The Queensland Rail Transit Authority's lack of objection further supported the application. Consequently, the Deputy President was satisfied that the application should be granted. Pursuant to section 459(3) of the Act, the Deputy President ordered that the 30-day period for the commencement of protected industrial action by eligible AMWU members employed by Queensland Rail Transit Authority be extended by a further 30 days.

This decision was made effective from 23 June 2023. The extension allows eligible members of the AMWU to continue their protected industrial action for an additional 30 days, ensuring that the dispute between the union and the employer can be pursued within the legal framework provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established