v Alstef Australia Pty Ltd

[2024] FWC 2452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Alstef Australia Pty Ltd

(B2024/1176)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 9 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/954.

This matter concerns the declaration of the result of a protected action ballot PR777629 held in matter B2024/954 and declared on 13 August 2024.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Alstef Australia Pty Ltd has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 9 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for an extension of the 30-day period allowed for industrial action following a protected action ballot. The application was made against Alstef Australia Pty Ltd in relation to matter B2024/954. The ballot, PR777629, was declared on 13 August 2024, and the AMWU sought to extend the 30-day period within which the authorised industrial action could commence. Alstef Australia Pty Ltd did not object to the application.

The primary legal issue the Commission had to determine was whether the AMWU's application met the requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to establish if the 30-day period had not already been extended and if the AMWU had applied to the Commission for the extension. The application asserted that both conditions were fulfilled, and the Commission had to verify these claims.

The Deputy President found that the AMWU's application satisfied the statutory requirements. There was no evidence that the 30-day period had been extended previously, and the AMWU had indeed applied to the Commission for the extension. Given that Alstef Australia Pty Ltd did not object to the application, the Deputy President concluded that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 9 September 2024.

The Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and employed by Alstef Australia Pty Ltd be extended by a further 30 days. This decision was made under section 459(3) of the Fair Work Act 2009 and took effect from 9 September 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established