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

[2024] FWC 62

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

Visy Board Pty Ltd

(B2024/13)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 10 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1281

This matter concerns the declaration of the result of a protected action ballot (PR768493) held in matter B2023/1281 and declared on 11 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.

Visy Board Pty Ltd has not objected 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 Visy Board Pty Ltd be extended by a further 30 days.

This order will operate on and from 10 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), to extend the 30-day period in which industrial action can be authorised by a protected action ballot. The application relates to matter B2023/1281 and the protected action ballot PR768493, which was declared on 11 December 2023. The respondent, Visy Board Pty Ltd, did not object to the application. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which allows for the 30-day period to be extended by up to 30 days if certain conditions are met.

The legal issue before the Commission was whether the conditions of section 459(3) of the Act had been met, thereby justifying an extension of the 30-day period. The AMWU argued that all conditions were satisfied, including that the period had not previously been extended. Visy Board Pty Ltd did not contest the application. The Deputy President, Wright, was satisfied that the AMWU's application met the statutory criteria and thus found that the application should be granted. The Commission concluded that the 30-day period for the commencement of protected industrial action for AMWU members employed by Visy Board Pty Ltd should be extended by a further 30 days, starting from 10 January 2024.

The Fair Work Commission, under the authority of the Fair Work Act 2009, has ordered that the 30-day period for the commencement of protected industrial action by AMWU members employed by Visy Board Pty Ltd is extended by a further 30 days. This extension will commence on 10 January 2024. This decision follows the AMWU's application to the Commission and the absence of any objections from Visy Board Pty Ltd, with the Deputy President, Wright, determining that the statutory requirements for an extension were fulfilled.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established