The Australasian Meat Industry Employees Union v Cannon Hill Services Pty Ltd

[2022] FWC 47

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australasian Meat Industry Employees Union
v

Cannon Hill Services Pty Ltd

(B2022/1)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 JANUARY 2022

Application to extend the 30 day period in relation to B2021/1044

On 5 January 2022, the Australasian Meat Industry Employees 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, PR735360 made on 29 October 2021. The Order applies to certain employees of Cannon Hill Services 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 9 December 2021. 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 expired at midnight on 7 January 2022.

On 11 January 2022, the Respondent advised the Commission via email that it does not oppose the Australasian Meat Industry Employees 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.

In addressing s.459(3) of the Act, this application is made by the Australasian Meat Industry Employees 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.

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 expired at midnight on 7 January 2022, the extension period will operate from 7 January 2022.

An order has been separately issued in PR737438.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union sought an extension of the 30-day period for protected action as authorised by a ballot order against Cannon Hill Services Pty Ltd. This application was made to the Fair Work Commission under section 459(3) of the Fair Work Act 2009. The ballot order, PR735360, was made on 29 October 2021 and a majority of relevant employees endorsed the proposed forms of protected action. The results of the ballot were declared on 9 December 2021, and the 30-day period for protected action expired on 7 January 2022.

The legal issue before the Commission was whether the 30-day period for protected action could be extended under section 459(3) of the Fair Work Act. The application was made by the Australasian Meat Industry Employees Union, the Applicant for the ballot order. The Respondent, Cannon Hill Services Pty Ltd, did not oppose the extension. The Commission needed to determine if the requirements of section 459 of the Act had been met and if a 30-day extension was appropriate.

The Commission found that the requirements of section 459 of the Act had been met. The 30-day period had not been previously extended, and the material before the Commission showed that the extension was warranted. Therefore, the Commission granted the extension, which would operate from 7 January 2022. An order was issued in PR737438.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established