“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)” v Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division Summary

[2024] FWC 1024

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

Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division

(B2024/438)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 APRIL 2024

Application to extend the 30 day period in relation to B2024/99

This matter concerns the declaration of the result of a protected action ballot (PR771113) held in matter B2024/99 and declared on 20 March 2024.

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.

Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division (Employer) have not advised the Commission of any objections 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 the Employer be extended by a further 30 days.

This order will operate on and from 18 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Manufacturing Workers’ Union (AMWU) to extend the period during which industrial action could be taken following a protected action ballot. The application was in relation to a dispute with Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division (Flowserve). The AMWU sought an extension of the 30-day period within which industrial action could be authorised by the ballot, under section 459(3) of the Fair Work Act 2009. Flowserve did not object to the application.

The primary legal issue before the Commission was whether the AMWU's application satisfied the criteria under section 459(3) of the Fair Work Act 2009 to extend the 30-day period for protected industrial action. The AMWU argued that it met the requirements, and Flowserve did not oppose the application. The Commission needed to determine if the AMWU's application was made within the stipulated timeframe, and whether the 30-day period had previously been extended.

The Deputy President concluded that the AMWU's application met the requirements set out in section 459(3) of the Act. The AMWU had applied for an extension within the allowed period, and the initial 30-day period had not been extended before. The Deputy President granted the application, extending the 30-day period for the commencement of industrial action by a further 30 days. The order took effect from 18 April 2024.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)” v Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established