| [2023] FWC 3377 |
| 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
v
Anglo Coal (Moranbah North Management) Pty Ltd
(B2023/1371)
| DEPUTY PRESIDENT HAMPTON | MELBOURNE, 15 DECEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1199
This matter concerns the declaration of the result of a protected action ballot (PR767841) held in matter B2023/1199 and declared on 17 November 2023.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) 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.
Anglo Coal (Moranbah North Management) Pty Ltd (Anglo Coal) has not advised the Commission of any 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 Anglo Coal be extended by a further 30 days.
This order will operate on and from 15 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR769504>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union v Anglo Coal (Moranbah North Management) Pty Ltd [2023] FWC 3377
- Case
- [2023] FWC 3377
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission revolved around the interpretation and application of section 459(3) of the Fair Work Act, which allows for an extension of the 30-day period if certain criteria are satisfied. The AMWU argued that all conditions for an extension were met, and there was no prior extension of the period. Anglo Coal did not object to the application, thereby not presenting a counter-argument to the AMWU's request.
The Deputy President Hampton of the Fair Work Commission determined that the AMWU's application met the statutory requirements for an extension of the industrial action period. Given that the AMWU fulfilled the conditions set out in section 459(3) of the Act and Anglo Coal did not oppose the application, the Deputy President granted the requested extension. The decision was that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Anglo Coal would be extended by an additional 30 days.
This extension became effective from 15 December 2023, as per the order issued by the Deputy President. This decision ensures that the AMWU can pursue its industrial action within the newly established timeframe, provided it complies with all other relevant provisions of the Fair Work Act.
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