| [2022] FWC 1693 |
| FAIR WORK COMMISSION |
| 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
Wormald Australia Pty Ltd
(B2022/625)
| VICE PRESIDENT CATANZARITI | SYDNEY, 1 JULY 2022 |
Application to extend the 30 day period in relation to B2022/343
On 30 June 2022, 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, PR740585 made on 22 April 2022. The Order applies to certain employees of Wormald Australia Pty Ltd (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 2 June 2022. 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 1 July 2022.
On 30 June 2022, 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.
In addressing s.459(3) of the Act, this application is made by the 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.
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 1 July 2022, the extension period will operate from 1 July 2022.
An order has been separately issued in PR743271.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR743272>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Wormald Australia Pty Ltd [2022] FWC 1693
- Case
- [2022] FWC 1693
- Decision Date
CaseChat Overview and Summary
The legal issues at hand centred on whether the AMWU's application to extend the 30-day period for protected industrial action met the requirements set out in section 459 of the Fair Work Act 2009. Specifically, the application had to be made by the AMWU, which was the applicant for the protected action ballot order, and the period specified in section 459(1)(d)(i) had not been previously extended. Upon reviewing the material before the Commission, Vice President Catanzariti determined that the requirements of section 459 of the Act had been met and that a 30-day extension was appropriate. Given that the original 30-day period was set to expire at midnight on 1 July 2022, the extension period was set to commence from 1 July 2022.
The Fair Work Commission granted the AMWU's application to extend the 30-day period for protected industrial action. An order was subsequently issued in PR743271, reflecting the extension of the period as determined appropriate by Vice President Catanzariti. The decision was made on the basis of the documentation filed by the AMWU and the respondent's non-opposition to the extension request.
Orders
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Background
Background to the litigation
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Evidence
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