"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Sydney Water Corporation Summary

[2023] FWC 2791

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

Sydney Water Corporation

(B2023/1150)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 25 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/979

This matter concerns the declaration of the result of a protected action ballot PR766217 held in matter B2023/979 and declared on 29 September 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or the 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 Applicant contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Sydney Water Corporation (the Respondent) was advised to raise any objections by 5:00pm on Monday, 23 October 2023 and did not do so.

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 Sydney Water Corporation be extended by a further 30 days.

This order will operate on and from 25 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), to extend the 30-day period for protected industrial action authorised by a ballot held in relation to Sydney Water Corporation. The application was made under section 459(3) of the Fair Work Act 2009, seeking an extension of the period for commencing industrial action. The respondent, Sydney Water Corporation, did not raise any objections to the application within the stipulated timeframe.

The legal issue before the Commission was whether the requirements for extending the 30-day period for protected industrial action had been met. Specifically, the Commission needed to determine if the AMWU had properly applied for the extension and if the period had not already been extended previously. The Commission also needed to consider any relevant factors that might influence its decision.

The Deputy President concluded that the AMWU had satisfied the statutory requirements for extending the 30-day period. The respondent did not raise any objections within the required timeframe, and there was no evidence that the period had been previously extended. The Deputy President was satisfied that the application met the necessary criteria, and accordingly, granted the application. The 30-day period for the commencement of protected industrial action for AMWU members employed by Sydney Water Corporation was extended by a further 30 days from the date of the decision.

The final orders were that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Sydney Water Corporation be extended by a further 30 days, effective from 25 October 2023.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Sydney Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established