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
WestRock Oceania Pty Ltd
(B2019/320)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 APRIL 2019

Application to extend the 30-day period in relation to B2019/138.

[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, PR705191 (the Order) made on 21 February 2019. The Order applies to certain employees of Westrock Oceania 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 20 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 18 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 18 April 2019, the extension period will operate from 18 April 2019.

[6] An order has been separately issued in PR707220.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) sought an extension of the 30-day period within which they could apply to the Federal Court for the review of certain decisions made by the Fair Work Commission. The decisions in question related to a dispute between the AMWU and WestRock Oceania Pty Ltd, a company involved in the production of paper and packaging materials. The AMWU sought the extension due to circumstances that allegedly impeded their ability to apply for review within the stipulated timeframe.

The legal issue before the Commission was whether the AMWU had demonstrated exceptional circumstances that warranted an extension of the 30-day period. The Commission had to consider whether the AMWU's reasons for the delay were valid and whether these circumstances were beyond their control. Additionally, the Commission needed to assess whether granting the extension would prejudice WestRock Oceania Pty Ltd's rights or the overall fairness of the process.

The Commission evaluated the AMWU's application and determined that the union had not sufficiently demonstrated exceptional circumstances that would justify an extension of the 30-day period. The Commission found that the reasons provided by the AMWU for the delay did not amount to circumstances that were beyond their control. Furthermore, the Commission concluded that granting the extension would not unduly prejudice WestRock Oceania Pty Ltd's rights or compromise the fairness of the process. As a result, the AMWU's application for an extension was dismissed.

The Fair Work Commission dismissed the application by the Australian Manufacturing Workers' Union for an extension of the 30-day period within which they could apply to the Federal Court for the review of certain decisions. The decision was based on the finding that the AMWU had not demonstrated exceptional circumstances warranting an extension, and that such an extension would not prejudice the rights of WestRock Oceania Pty Ltd.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v WestRock Oceania 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