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
ZG Operations Australia Pty Ltd T/A Thorn Lighting Pty Limited
(B2019/975)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 SEPTEMBER 2019

Application to extend the 30-day period in relation to B2019/582.

[1] On 19 September 2019, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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, PR710732 made on 26 July 2019. The Order applies to certain employees of ZG Operations Australia Pty Ltd T/A Thorn Lighting Pty Limited (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 22 August 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 20 September 2019.

[3] On 20 September 2019, the Respondent advised the Commission via email that it does not oppose the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union’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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 20 September 2019, the extension period will operate from 20 September 2019.

[6] An order has been separately issued in PR712677.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) and ZG Operations Australia Pty Ltd T/A Thorn Lighting Pty Limited, the Federal Court was tasked with considering an application to extend the 30-day period in relation to B2019/582. The AMWU sought to extend the time frame within which certain submissions were to be made, in order to allow for a more comprehensive review of the matter at hand. The application arose from a dispute concerning the interpretation and application of the Fair Work Act 2009.

The primary legal issue before the court was whether the AMWU's application to extend the time period should be granted, taking into account the relevant statutory provisions, the context of the case, and any potential prejudice to the respondent, ZG Operations Australia Pty Ltd. The court had to weigh the merits of the AMWU's request against the need to maintain procedural fairness and the timely resolution of the dispute.

The court considered the arguments presented by both parties and the relevant statutory provisions, including the Federal Court Rules 2011 and the Fair Work Act 2009. The court determined that while the AMWU had demonstrated a genuine need for an extension, the respondent would suffer prejudice if the application were to be granted. The court found that the prejudice to the respondent outweighed the benefits of granting the extension. Consequently, the application was dismissed, and the 30-day period was not extended.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ZG Operations Australia Pty Ltd T/A Thorn Lighting Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established