“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Stanwell Corporation Limited Summary

[2022] FWC 1787

FAIR WORK COMMISSION

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

Stanwell Corporation Limited

(B2022/663)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 JULY 2022

Application to extend the 30 day period in relation to B2022/351

On 8 July 2022, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR741229 made on 4 May 2022. The Order applies to certain employees of Stanwell Corporation Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 16 June 2022. 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 15 July 2022.

On 8 July 2022, the Respondent advised the Commission via email that it does not oppose the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

In addressing s.459(3) of the Act, this application is made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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.

On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 15 July 2022, the extension period will operate from 15 July 2022.

An order has been separately issued in PR743613.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission (FWC) seeking an extension of the 30-day period for protected industrial action authorised by a protected action ballot order made on 4 May 2022. The application was in relation to certain employees of Stanwell Corporation Limited. The AMWU, acting on behalf of its members, sought an extension of the period in which the protected action could be undertaken, beyond the 30-day limit specified by the Fair Work Act 2009. Stanwell Corporation Limited did not oppose the application. The matter was determined on the basis of the documentation filed by the AMWU.

The primary legal issue before the FWC was whether the AMWU had satisfied the conditions under s.459(3) of the Fair Work Act 2009 for an extension of the 30-day period for protected industrial action. The Act provides for a 30-day period for protected action from the date of the declaration of the results of the ballot, which in this case was 16 June 2022. The AMWU argued that an extension was necessary and appropriate under the circumstances, and that the requirements of the Act for such an extension had been met. The FWC was required to determine whether the application met the statutory criteria for an extension and whether such an extension was warranted.

In its decision, the FWC Vice President Catanzariti found that the AMWU had satisfied the statutory requirements for an extension under s.459(3) of the Fair Work Act 2009. The Vice President noted that the 30-day period for protected action would expire at midnight on 15 July 2022, and determined that an extension of this period was appropriate. The Vice President concluded that the relevant conditions for an extension had been met and granted the AMWU's application. The extension period would commence from 15 July 2022. A separate order was issued in PR743613 to reflect this decision.

In summary, the Fair Work Commission granted the AMWU's application to extend the 30-day period for protected industrial action under s.459(3) of the Fair Work Act 2009. The extension was effective from 15 July 2022, providing additional time for the protected action to be undertaken. The decision was made on the basis of the documentation filed and the absence of opposition from Stanwell Corporation Limited.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established