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

[2023] FWC 2659

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)

WICET Services Pty Ltd T/A WICET Services Pty Ltd

(B2023/1083)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 12 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/899

This matter concerns the declaration of the result of a protected action ballot (PR765690) held in matter B2023/899 and declared on 15 September 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.

WICET Services Pty Ltd (WICET) has advised the Commission it has no 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 WICET be extended by a further 30 days.

This order will operate on and from 12 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) sought an extension of the 30-day period for protected industrial action as authorised by a protected action ballot. The application was against WICET Services Pty Ltd (WICET), and was made pursuant to section 459(3) of the Fair Work Act 2009. The AMWU argued that the extension was warranted under the Act, which permits the Fair Work Commission to extend the period by up to 30 days if certain criteria are met. WICET did not object to the application.

The central legal issue before the Fair Work Commission was whether the criteria for extending the 30-day period under section 459(3) of the Fair Work Act had been satisfied. The AMWU submitted that they had met all the requirements, including that the period had not previously been extended. The Commission needed to determine if these conditions were met and if the application should be granted.

The Deputy President Hampton found that the AMWU had indeed fulfilled the requirements for an extension under the Fair Work Act. The period had not previously been extended, and WICET had no objection to the application. Therefore, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by WICET was extended by a further 30 days, effective from 12 October 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established