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

[2022] FWC 968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

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

(B2022/347)

VICE PRESIDENT CATANZARITI

SYDNEY, 27 APRIL 2022

Application to extend the 30 day period in relation to B2022/63

On 21 April 2022, the United 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, PR738256 made on 11 February 2022 and varied on 14 March 2022 [PR739277]. The Order applies to certain employees of Snack Brands Australia, being a partnership between Snack Brands Foods Pty Ltd and Snack Brands Industries 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 6 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 expires at midnight on 5 May 2022.

On 22 April 2022, the Respondent advised the Commission via email that it does not oppose the United 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 United 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 expires at midnight on 5 May 2022, the extension period will operate from 5 May 2022.

An order has been separately issued in PR741007.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission to extend the 30-day period for protected industrial action against Snack Brands Australia. The application was made under section 459(3) of the Fair Work Act 2009. The protected action ballot order, PR738256, was initially made on 11 February 2022 and varied on 14 March 2022. The ballot result, declaring that a majority of the relevant employees endorsed the proposed forms of protected industrial action, was announced on 6 April 2022. Therefore, the 30-day period for protected action began on that date and was due to expire on 5 May 2022.

The legal issues in this case centred around whether the Fair Work Commission should grant the United Workers' Union's application to extend the 30-day period for protected industrial action, as provided for under section 459(3) of the Fair Work Act 2009. The application was made by the United Workers' Union, the Applicant for whom the protected action ballot order was issued. Furthermore, the period specified in section 459(1)(d)(i) of the Act had not been previously extended. The Commission had to determine whether the relevant requirements of section 459 of the Act had been met and whether a 30-day extension was appropriate.

The Fair Work Commission granted the United Workers' Union's application to extend the 30-day period for protected industrial action. The Commission found that the relevant requirements of section 459 of the Fair Work Act 2009 had been met and that a 30-day extension was appropriate. The extension period would operate from 5 May 2022. The Respondent, Snack Brands Australia, did not oppose the application. An order was separately issued in PR741007.

The final orders included an extension of the 30-day period for protected industrial action, which would now expire on 5 June 2022. The extension was granted based on the material before the Commission and the fact that the Respondent did not oppose the application.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established