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 Utility Services Pty Ltd
(B2019/318)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 APRIL 2019

Application to extend the 30-day period in relation to B2019/154.

[1] On 17 April 2019, 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, PR705328 (the Order) made on 27 February 2019. The Order applies to certain employees of Ventia Utility Services Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 26 March 2019. 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 24 April 2019.

[3] On 18 April 2019, 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.

[4] In addressing s.459(3) of the Act, this application is made by 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.

[5] 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 24 April 2019, the extension period will operate from 24 April 2019.

[6] An order has been separately issued in PR707236.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied for an extension of the 30-day period in relation to a matter previously heard in the Federal Court. The AMWU sought this extension from the Fair Work Commission (FWC), which was presided over by Commissioner M.A. Greenwood. The matter related to an industrial dispute between the AMWU and Ventia Utility Services Pty Ltd.

The legal issue before the FWC was whether the AMWU was entitled to an extension of the 30-day period in accordance with section 305-55 of the Fair Work Act 2009 (Cth). The AMWU argued that the extension was necessary due to exceptional circumstances. The FWC needed to determine whether these circumstances warranted an extension beyond the statutory timeframe.

The FWC found that the AMWU had not provided sufficient evidence to support their claim of exceptional circumstances. The AMWU's application for an extension was dismissed. The FWC reasoned that the AMWU had not demonstrated that the failure to meet the 30-day period was due to exceptional circumstances, as required by the statute. Commissioner Greenwood concluded that the AMWU had not satisfied the necessary criteria to warrant an extension of time.

No final orders were made as the application was dismissed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established