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

[2022] FWC 3252

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

UGL Resources (Contracting) Pty Ltd

(B2022/1817)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1667

On 7 December 2022, 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, PR747688 made on 7 November 2022. The Order applies to certain employees of UGL Resources (Contracting) Pty Ltd (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 21 November 2022. 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 20 December 2022.

On 8 December 2022, 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.

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.

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 20 December 2022, the extension period will operate from 20 December 2022.

An order has been separately issued in PR748768.

VICE 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 for an extension of the 30-day period for protected action authorised by a protected action ballot order issued on 7 November 2022. The ballot result, declaring a majority endorsement of proposed forms of protected industrial action, was declared on 21 November 2022. The application was made under section 459(3) of the Fair Work Act 2009. The respondent, UGL Resources (Contracting) Pty Ltd, did not oppose the application. The 30-day period for protected action expires at midnight on 20 December 2022.

The legal issues in this case revolve around the interpretation and application of section 459 of the Fair Work Act 2009. The AMWU sought an extension of the 30-day period for protected action, as authorised by the protected action ballot order. The relevant provisions of the Act allow for the extension of this period under specific conditions. The primary legal question was whether the AMWU met the requirements for an extension as set out in section 459(3) of the Act.

The Vice President of the Fair Work Commission, Catanzariti, examined the application and the documentation provided by the AMWU. The respondent, UGL Resources (Contracting) Pty Ltd, did not oppose the application, which facilitated the decision-making process. The Vice President concluded that the AMWU had met all the necessary requirements for an extension under section 459 of the Act. Given that the 30-day period for protected action was set to expire on 20 December 2022, the extension was determined to commence from that date. This decision was based on the statutory framework and the evidence presented.

The Fair Work Commission issued an order granting the AMWU's application for an extension of the 30-day period for protected action. The extension was to commence from 20 December 2022, thereby extending the period beyond the initial expiration date. This decision was documented in PR748769 and was made in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established