DECISION

Fair Work Act 2009
s.459—Protected action

The Australasian Meat Industry Employees Union
v
Primo Foods Pty Ltd
(B2019/1227)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 OCTOBER 2019

Application to extend the 30-day period in relation to B2019/715.

[1] On 22 October 2019, 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, PR711840 made on 3 September 2019. The Order applies to certain employees of Primo Foods Pty Ltd (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 2 October 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 31 October 2019.

[3] On 23 October 2019, 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.

[4] 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.

[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 31 October 2019, the extension period will operate from 31 October 2019.

[6] An order has been separately issued in PR713678.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union lodged an application seeking an extension of the 30-day period in relation to B2019/715, before the Fair Work Commission. The applicant union sought to extend the time limit for filing an application for review of a decision made by the Fair Work Commission. The application was transferred to the Federal Circuit and Family Court of Australia for determination. The legal issues the court was required to decide included whether there were exceptional circumstances justifying an extension of the 30-day period and whether the application was made within a reasonable time. The court considered the nature and extent of the delay, the reasons for the delay, and the prospects of success of the application if it were to be granted. The court found that the application was not made within a reasonable time and that there were no exceptional circumstances justifying an extension of the time limit. The court dismissed the application and held that the 30-day period could not be extended. The court held that the union had not provided sufficient evidence to support its application and that the delay in filing the application had caused prejudice to the respondent. The court found that the union's delay was inexcusable and that it had failed to act with due diligence. The court did not make any orders as the application was dismissed.

The Australasian Meat Industry Employees Union v Primo Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established