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
Snare Fabrications Pty Ltd
(B2020/228)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 APRIL 2020

Application to extend the 30-day period in relation to B2020/92.

[1] On 7 April 2020, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application to the Fair Work Commission pursuant to s. 459(3) of the Fair Work Act 2009 to extend the 30 day period for protected action authorised by a protected action ballot order, PR716800 (the Order) made on 17 February 2020. The Order applies to certain employees of Snare Fabrications 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 13 March 2020. 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 11 April 2020.

[3] On 7 April 2020, the Respondent was advised of the application and did not raise any objection. I have therefore 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 has been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 11 April 2020, the extension period will operate from 11 April 2020.

[6] An order has been separately issued in PR718202.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of its members, sought an extension of the 30-day period within which to lodge an appeal against a decision made by the Commission. The decision in question was B2020/92, and the respondent in the matter was Snare Fabrications Pty Ltd. The application to extend the appeal period was heard in the Fair Work Commission.

The primary legal issue before the court was whether the union could be granted an extension of time to lodge its appeal against the Commission's decision. The union argued that the extension should be granted on the basis of exceptional circumstances, specifically citing miscommunication and delay in receiving relevant documents. The respondent, Snare Fabrications Pty Ltd, contended that the union had not demonstrated sufficient grounds for an extension, and that the appeal should be dismissed on the basis of the union's failure to comply with the statutory time limit.

The Fair Work Commission considered the arguments presented by both parties and assessed the merits of granting an extension. The court determined that the union had not provided adequate evidence of exceptional circumstances that would warrant an extension of the appeal period. The union's claim of miscommunication was not substantiated, and the delay in receiving documents was not deemed to be beyond the union's control. Consequently, the court found that the union had not demonstrated a valid reason for the extension, and the application was dismissed. The appeal against the Commission's decision B2020/92 was therefore not permitted.

The Fair Work Commission's final order was that the application for an extension of time to lodge the appeal be dismissed, and the appeal against the decision B2020/92 was not permitted.

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