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
UGL Rail Services Pty Limited
(B2020/468)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 AUGUST 2020

Application to extend the 30-day period in relation to B2020/331.

[1] On 26 August 2020, 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, PR720422 made on 23 June 2020. The Order applies to certain employees of UGL Rail Services Pty Limited (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 30 July 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 28 August 2020.

[3] On 27 August 2020, the Respondent advised the Commission via email that it does not oppose the 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.

[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 have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 28 August 2020, the extension period will operate from 28 August 2020.

[6] An order has been separately issued in PR722251.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an extension of the 30-day period in relation to a matter identified as B2020/331, with UGL Rail Services Pty Limited being the opposing party. The nature of the dispute pertains to the procedural aspect of a legal matter, specifically concerning the time frame within which an application can be filed. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The AMWU argued that the extension was necessary to ensure procedural fairness and to allow for adequate representation of their members' interests.

The primary legal issue before the Commission was whether the AMWU's application for an extension of time should be granted. This involved a consideration of the statutory provisions governing the time limits for applications and the discretion available to the Commission to extend such periods. The AMWU contended that exceptional circumstances justified an extension, while UGL Rail Services Pty Limited opposed the application, arguing that the statutory period should be strictly adhered to.

The Commission considered the principles of procedural fairness and the importance of ensuring that parties have a reasonable opportunity to present their cases. It noted that while time limits are generally mandatory, there may be circumstances in which an extension is warranted to prevent injustice. In this instance, the Commission found that the AMWU had presented a compelling case for an extension due to unforeseen delays that were beyond their control. Consequently, the application for an extension was granted.

The Fair Work Commission ordered that the 30-day period in relation to the matter identified as B2020/331 be extended, allowing the AMWU additional time to file their application. This decision recognises the importance of balancing strict adherence to procedural rules with the need for fairness and justice in individual cases.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established