"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods

[2023] FWC 2410

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

The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods

(B2023/982)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/707

This matter concerns the declaration of the result of a protected action ballot (PR764213) held in matter B2023/707 and declared on 23 August 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.

The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods (Bulla Dairy Foods) has advised the Commission it does not object 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 Bulla Dairy be extended by a further 30 days.

This order will operate on and from 19 September 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), applied to the Fair Work Commission to extend the 30-day period within which industrial action could be authorised by a protected action ballot. The application was in relation to matter B2023/707, which involved Bulla Dairy Foods, the trustee for Regal Cream Products Trust. The AMWU sought to extend the time period by an additional 30 days, as permitted under section 459(3) of the Fair Work Act 2009.

The legal issues before the Commission were whether the AMWU had fulfilled the conditions outlined in section 459(3) of the Act, namely that an application be made to the Commission and that the period not have been previously extended. The Commission needed to determine if the AMWU's application satisfied these requirements and whether the period should be extended by a further 30 days.

The Deputy President of the Commission, Hampton, found that the AMWU had met the statutory requirements for an extension. Bulla Dairy Foods did not oppose the application. Consequently, the Deputy President was satisfied that the conditions of section 459(3) of the Act were met and granted the application. The decision was that the 30-day period for the commencement of protected industrial action by eligible AMWU members employed by Bulla Dairy Foods would be extended by a further 30 days, effective from 19 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established