The Australian Workers' Union v Snack Brands Australia, being a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd

[2022] FWC 1311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

The Australian Workers’ Union
v

Snack Brands Australia, being a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries Pty Ltd

(B2022/405)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 MAY 2022

Application to extend the 30 day period in relation to B2022/62

On 5 May 2022, the Australian Workers’ 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, PR738249 made on 11 February 2022 and varied on 14 March 2022 (PR739277). The Order applies to certain employees of Snack Brands Australia (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 7 April 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 6 May 2022.

On 26 May 2022, the Respondent advised the Commission via email that it does not oppose the Australian Workers’ 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 Australian Workers’ 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 6 May 2022, the extension period will operate from 6 May 2022.

An order has been separately issued in PR742009.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) applied to the Fair Work Commission to extend the 30-day period for protected action under section 459(3) of the Fair Work Act 2009, which had been authorised by a protected action ballot order issued on 11 February 2022 and varied on 14 March 2022. The application was made in relation to certain employees of Snack Brands Australia. The ballot result, which endorsed the proposed forms of protected industrial action, was declared on 7 April 2022. The 30-day period for protected action expired on 6 May 2022, and the Respondent did not oppose the application to extend the period. The Vice President determined the matter based on the documentation filed.

The legal issue before the Vice President was whether the requirements of section 459(3) of the Act were met to allow for an extension of the 30-day period for protected action. The Vice President considered whether the application was made by the AWU, whether the period specified in section 459(1)(d)(i) had not been previously extended, and whether a 30-day extension was appropriate. The Vice President found that all the relevant requirements of section 459 of the Act had been met and that a 30-day extension was appropriate.

The Vice President granted the application and extended the 30-day period for protected action from 6 May 2022. An order was separately issued in PR742009. The decision was made on the basis of the documentation filed and the fact that the Respondent did not oppose the application. The Vice President was satisfied that the extension was appropriate and in accordance with the requirements of the Act.

No further orders were made by the Vice President. The decision was made solely on the basis of the application and the documentation filed. The Vice President did not consider it necessary to make any additional orders. The decision was based on the facts and the law as presented in the application and documentation filed. The Vice President's decision was limited to granting the extension of the 30-day period for protected action as requested by the AWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established