"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union v Ofinac Acoustical Engineers Pty Ltd

[2024] FWC 751

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
v

Ofinac Acoustical Engineers Pty Ltd

(B2024/232)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 MARCH 2024

Application to extend the 30 day period in relation to B2024/19

This matter concerns the declaration of the result of a protected action ballot (PR770136) held in matter B2024/19 and declared on 21 February 2024.

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.

Ofinac Acoustical Engineers Pty Ltd (Ofinac) has not advised the Commission of any objections to the 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 Ofinac be extended by a further 30 days.

This order will operate on and from 22 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), has applied to the Fair Work Commission (FWC) to extend the 30-day period during which industrial action can be authorised by a protected action ballot. The application was made in relation to Ofinac Acoustical Engineers Pty Ltd, and the matter was heard by Deputy President Hampton in Adelaide on 22 March 2024. The application seeks to extend the 30-day period under section 459(3) of the Fair Work Act 2009, which allows for an extension if certain conditions are met. Ofinac has not raised any objections to the application.

The primary legal issue before the court was whether the application met the statutory requirements for an extension of the 30-day period. Specifically, the court needed to determine if the AMWU had applied for the extension and if the period had not already been extended previously. The AMWU argued that both conditions were satisfied and that the extension should be granted. Deputy President Hampton found that the requirements were indeed met, and that the application should be approved.

The Deputy President concluded that the AMWU had fulfilled the necessary criteria for an extension, as stipulated by section 459(3) of the Act. Since Ofinac did not object to the application, and the statutory conditions were satisfied, the application was granted. Consequently, the 30-day period for the commencement of protected industrial action for AMWU members employed by Ofinac was extended by a further 30 days, effective from 22 March 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established