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

[2023] FWC 3439

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

V/Line Maintenance Pty Limited

(B2023/1394)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1191

This matter concerns the declaration of the result of a protected action ballot (PR767786) held in matter B2023/1191 and declared on 13 December 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.

V/Line Maintenance Pty Limited (V/Line) 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 V/Line be extended by a further 30 days.

This order will operate on and from 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), seeking an extension to the 30-day period for commencing protected industrial action. This application was made in relation to a protected action ballot held for employees of V/Line Maintenance Pty Limited. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, arguing that the necessary conditions were fulfilled, and the period should be extended by an additional 30 days. V/Line Maintenance Pty Limited did not oppose the application. The Deputy President of the Commission, Hampton, reviewed the application and determined that the statutory requirements had indeed been met. As a result, the application was granted.

The legal issues the Court had to address were whether the AMWU's application complied with the statutory requirements outlined in section 459(3) of the Fair Work Act 2009 and whether the application met the criteria for an extension. The AMWU argued that all conditions were satisfied, and the period should be extended by 30 days. V/Line did not object to the application, and the Deputy President of the Commission was satisfied that the statutory conditions had been met. The Court found that the AMWU had fulfilled the conditions and granted the application.

The Court examined the statutory requirements and found that the AMWU had met the conditions for extending the 30-day period under section 459(3) of the Fair Work Act 2009. The AMWU had applied to the Commission for an extension, and the period had not previously been extended. Additionally, V/Line had no objection to the application. Given these findings, the Deputy President Hampton concluded that the application should be granted, and the 30-day period for the commencement of protected industrial action was extended by an additional 30 days. The extension became effective from 21 December 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established