The Australasian Meat Industry Employees Union v Devro Pty Ltd

[2022] FWC 756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australasian Meat Industry Employees Union
v

Devro Pty Ltd

(B2022/262)

VICE PRESIDENT CATANZARITI

PERTH, 5 APRIL 2022

Application to extend the 30 day period in relation to B2022/4

On 1 April 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, PR737408 made on 12 January 2022. The Order applies to certain employees of Devro 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 March 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 expired at midnight on 31 March 2022.

On 1 April 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 31 March 2022, the extension period will operate from 31 March 2022.

An order has been separately issued in PR740030.

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 authorised by a protected action ballot order against Devro Pty Ltd. The Union applied to the Fair Work Commission under section 459 of the Fair Work Act 2009, and the matter was heard by Vice President Catanzariti in Perth on 5 April 2022. The Union's request was based on the fact that the 30-day period for protected action, which commenced on 2 March 2022, was due to expire on 31 March 2022. The Union argued that the extension was necessary and appropriate, and the Respondent did not oppose the application.

The legal issue before the Fair Work Commission was whether the Union's application met the requirements of section 459 of the Fair Work Act 2009, and whether a 30-day extension of the period for protected action was appropriate. The Union argued that the extension was necessary to ensure that the protected action could be effectively undertaken, and that the Respondent did not oppose the application. The Commission considered the material before it and determined that the Union's application met the requirements of section 459 of the Fair Work Act 2009. The Commission was satisfied that a 30-day extension was appropriate and ordered that the extension period would operate from 31 March 2022.

The Fair Work Commission concluded that the Union's application met the requirements of section 459 of the Fair Work Act 2009, and that a 30-day extension of the period for protected action was appropriate. The Commission noted that the Respondent did not oppose the application, and that the Union had provided sufficient evidence to support the need for an extension. The Commission determined that the extension period would operate from 31 March 2022. An order has been separately issued in PR740030.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established