"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Virgin Tech Pty Ltd T/A Virgin Tech Summary

[2023] FWC 1949

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)

Virgin Tech Pty Ltd T/A Virgin Tech

(B2023/807)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 AUGUST 2023

Application to extend the 30 day period in relation to B2023/496.

This matter concerns the declaration of the result of a protected action ballot (PR762574) held in matter B2023/496 and declared on 5 July 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.

Virgin Tech Pty Ltd T/A Virgin Tech (Virgin Tech) has not advised the Commission of 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.

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 Virgin Tech be extended by a further 30 days.

This order will operate on and from 7 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Virgin Tech Pty Ltd T/A Virgin Tech. The AMWU sought an extension of the 30-day period during which industrial action was authorised by a protected action ballot. The dispute centred on the AMWU's application to extend the aforementioned period under section 459(3) of the Fair Work Act 2009. Virgin Tech did not object to the application.

The primary legal issue for the Commission to determine was whether the AMWU's application met the statutory criteria set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission had to consider whether the AMWU, as an applicant for the protected action ballot order, had applied to the Fair Work Commission for the extension, and whether the 30-day period had not already been extended. Given that Virgin Tech did not oppose the application, the central question was whether the AMWU had complied with the statutory requirements for an extension.

In reaching its decision, the Commission assessed the application against the statutory criteria. The Commission noted that the AMWU had indeed applied for an extension, and there was no evidence that the 30-day period had been extended previously. The Commission concluded that the AMWU's application fulfilled the necessary requirements under section 459(3) of the Act. Consequently, the Commission determined to grant the AMWU's application and extend the 30-day period by a further 30 days. The decision emphasised the importance of adhering to statutory procedures in industrial relations matters, and the Commission's role in ensuring fair and balanced outcomes for all parties involved.

The Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Virgin Tech be extended by an additional 30 days, effective from 7 August 2023. This order reflects the Commission's determination that the AMWU's application met the statutory criteria, and it aims to provide a fair resolution to the parties involved in this industrial relations matter.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Virgin Tech Pty Ltd T/A Virgin Tech

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established