"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Valmet Pty Ltd

[2023] FWC 1537

The attached document replaces the document previously issued with the above code on 27 June 2023.

The media neutral citation ([2023] FWC 1537) and print number (PR763619) has been inserted).

Associate to Deputy President Hampton.

Dated 27 June 2023.

[2023] FWC 1537

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)

Valmet Pty Ltd

(B2023/643)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 JUNE 2023

Application to extend the 30 day period in relation to B2023/446

This matter concerns the declaration of the result of a protected action ballot (PR761958) held in matter B2023/446 and declared on 16 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.

Valmet Pty Ltd (Valmet) has advised it does not have any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted given the express statutory terms.

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 Valmet be extended by a further 30 days.

This order will operate on and from 27 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Valmet Pty Ltd was heard by the Fair Work Commission. The AMWU sought an extension of the 30-day period in which industrial action is authorised by a protected action ballot under section 459(3) of the Fair Work Act 2009. The application was made in relation to a ballot held in matter B2023/446, which was declared on 16 May 2023.

The primary legal issue before the Court was whether the AMWU's application met the statutory requirements to extend the 30-day period for protected industrial action. Section 459(3) of the Act permits an extension if certain conditions are met, including that the period has not previously been extended. Valmet did not object to the application, and the AMWU argued that it met the necessary criteria. The Court had to determine if the application was valid and should be granted.

The Deputy President of the Fair Work Commission found that the application met the statutory requirements and was satisfied that the AMWU had fulfilled the necessary conditions to extend the period. The Court noted that Valmet did not object to the application, and therefore, the extension was granted. The Court concluded that the extension was justified under section 459(3) of the Act, as the period had not previously been extended and the AMWU's application was in line with the express statutory terms.

In conclusion, the Court ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Valmet be extended by a further 30 days, effective from 27 June 2023. This decision was based on the AMWU's application and the absence of objection from Valmet.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established