"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

[2023] FWC 2952

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

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

(B2023/1233)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 13 NOVEMBER 2023

Application to extend the 30-day period in relation to B2023/1034

This matter concerns the declaration of the result of a protected action ballot (PR766702) held in matter B2023/1034 and declared on 16 October 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide (Reliance Worldwide) has not advised the Commission of 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 Reliance Worldwide be extended by a further 30 days.

This order will operate on and from 13 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Australian Manufacturing Workers' Union (AMWU) to extend the period for which industrial action is authorised by a protected action ballot held in relation to Reliance Worldwide Corporation (Aust) Pty Ltd. The application seeks an extension of the 30-day period for protected industrial action under section 459(3) of the Fair Work Act 2009. Reliance Worldwide has not objected to the application. The AMWU asserts that the application satisfies the conditions for an extension and that the period should be extended by an additional 30 days.

The legal issues before the court were whether the application met the criteria outlined in section 459(3) of the Fair Work Act 2009 and whether an extension of the period for protected industrial action was warranted. The court considered the requirements of the Act, which state that an extension may be granted if the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended and if the period has not previously been extended. The court found that the AMWU had met the statutory requirements for an extension and that the application should be granted.

In light of the AMWU's satisfaction of the statutory criteria, the court ordered an extension of the 30-day period for protected industrial action for eligible AMWU members employed by Reliance Worldwide by a further 30 days. The order came into effect from 13 November 2023. The court noted that Reliance Worldwide had not raised any objections to the application. The decision was based on the explicit provisions of the Fair Work Act and the AMWU's compliance with the requirements for an extension of the authorisation period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established