"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Saputo Dairy Australia Pty Ltd Summary

[2023] FWC 1658

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

Saputo Dairy Australia Pty Ltd

(B2023/680)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 7 JULY 2023

Application to extend the 30 day period in relation to B2023/409

This matter concerns the declaration of the result of a protected action ballot (PR761662) held in matter B2023/409 and declared on 14 June 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.

Saputo Dairy Australia Pty Ltd 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 Saput Dairy Australia Pty Ltd be extended by a further 30 days.

This order will operate on and from 7 July 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), sought to extend the 30-day period during which industrial action is authorised by a protected action ballot. This application was made in response to a declaration of the result of a ballot held in relation to Saputo Dairy Australia Pty Ltd, which was declared on 14 June 2023. The Fair Work Commission considered the application under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The primary legal issue before the Fair Work Commission was whether the conditions outlined in section 459(3) of the Fair Work Act had been satisfied by the AMWU's application. Specifically, the Commission needed to determine if the AMWU had applied for the extension, and if the 30-day period had not already been extended. The AMWU argued that both conditions were met, and that the period should be extended by a further 30 days. Saputo Dairy Australia Pty Ltd did not object to the application, further facilitating the Commission's decision.

The Fair Work Commission found that the AMWU had indeed satisfied the conditions outlined in section 459(3) of the Act. Given the AMWU's application and the absence of any previous extension of the 30-day period, the Commission was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Saputo Dairy Australia Pty Ltd was extended by a further 30 days. This extension took effect from 7 July 2023.

Pursuant to section 459(3) of the Fair Work Act, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Saputo Dairy Australia Pty Ltd be extended by a further 30 days. This order was made effective from 7 July 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Saputo Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established