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

[2023] FWC 1413

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

UGL Rail Services Pty Limited

(B2023/570)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2023

Application to extend the 30 day period in relation to B2023/350.

This matter concerns the declaration of the result of a protected action ballot (PR761211) held in matter B2023/350 and declared on 19 May 2023.

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.

UGL Rail Services Pty Limited has advised the Commission it has no objection 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 UGL Rail Services Pty Limited be extended by a further 30 days.

This order will operate on and from 16 June 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), has applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot. This application follows a ballot held in matter B2023/350, declared on 19 May 2023. The respondent, UGL Rail Services Pty Limited, has not objected to the application. The legal issue before the Deputy President was whether the AMWU's application met the criteria set out in section 459(3) of the Fair Work Act 2009 for extending the 30-day period for industrial action. The application was made within the original 30-day period and had not previously been extended, satisfying the statutory requirements. The Deputy President concluded that the AMWU's application met all necessary criteria and granted the extension.

Section 459(3) of the Fair Work Act permits the FWC to extend the 30-day period for protected industrial action if the applicant applies for an extension and if the period has not already been extended. The AMWU's application fulfilled these conditions. UGL Rail Services Pty Limited did not oppose the application, further supporting the granting of the extension. The Deputy President was satisfied that the AMWU had demonstrated that the application met the legal requirements. The Deputy President noted the absence of any objections and the compliance with the statutory provisions, leading to the conclusion that the application should be approved.

In light of the AMWU's compliance with the statutory requirements and UGL Rail Services Pty Limited's lack of objection, the Deputy President granted the application for an extension of the 30-day period. The order extends the period by an additional 30 days, effective from 16 June 2023. This decision allows the AMWU to continue to organise industrial action for its members, provided it adheres to the extended timeline. The Deputy President's order provides clarity and certainty for both parties involved in the industrial dispute.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established