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

[2023] FWC 1328

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

Ventia (Australia) Pty Ltd

(B2023/526)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 JUNE 2023

Application to extend the 30 day period in relation to B2023/271

On 2 June 2023, 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, PR760580 made on 24 March 2023. The Order applies to certain employees of Ventia (Australia) 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 10 May 2023. 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 8 June 2023.

The Respondent neither consented nor objected to 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 ‎8‎ ‎June‎ ‎2023, the extension period will operate from ‎8‎ June‎ ‎2023.

An order has been separately issued in PR762816.

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 for protected action, as authorised by a protected action ballot order issued in relation to employees of Ventia (Australia) Pty Ltd. The AMWU applied to the Fair Work Commission (FWC) under section 459(3) of the Fair Work Act 2009 to extend the time limit for the protected industrial action. The ballot, which resulted in a majority endorsement for the proposed protected action, was declared on 10 May 2023, and the 30-day period for protected action was set to expire on 8 June 2023. Ventia did not object to the AMWU’s application, allowing the FWC to decide the matter based on the documentation submitted.

The legal issue before the FWC was whether the AMWU had satisfied the requirements of section 459 of the Fair Work Act to extend the 30-day period for protected action. This required a consideration of whether the AMWU had met the criteria for such an extension, and if the period had already been extended. Given that the 30-day period had not previously been extended, and the AMWU had submitted the application within the legal framework, the FWC was satisfied that all requirements were met. Consequently, the FWC granted the requested extension, which commenced from 8 June 2023.

The FWC concluded that the AMWU had fulfilled the necessary conditions to extend the 30-day period for protected industrial action. The Commission recognised that the AMWU was entitled to apply for an extension, and there were no previous extensions of the specified period. The FWC determined that the application was made in accordance with the Act, and thus, a 30-day extension was appropriate. The extended period would therefore run from 8 June 2023.

The FWC issued a separate order in PR762816, granting the AMWU's application for an extension of the 30-day period for protected industrial action. This order will allow the AMWU to continue the authorised industrial action for an additional 30 days beyond the initial expiration date.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established