v Alstom Transport Australia Pty Limited Summary

[2024] FWC 2585

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)

Alstom Transport Australia Pty Limited

(B2024/1232)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/967.

This matter concerns the declaration of the result of a protected action ballot PR777745 held in matter B2024/967 and declared on 16 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.

Alstom Transport Australia Pty Limited has advised the Commission it has no 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 16 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period within which industrial action can be authorised by a protected action ballot, which was declared on 16 August 2024. The application is pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the period by up to 30 days under specific conditions. Alstom Transport Australia Pty Limited, the employer, has no objection to the application.

The primary legal issue before the Deputy President was whether the AMWU's application met the statutory criteria for an extension under section 459(3) of the Fair Work Act. Specifically, the Court needed to determine if the application was made by an applicant for the protected action ballot order and if the period had not previously been extended. The Deputy President concluded that the requirements were met, as the AMWU had applied for the extension and the period had not been previously extended.

In reaching its decision, the Deputy President noted that the AMWU had fulfilled the statutory prerequisites for an extension. The employer, Alstom Transport Australia Pty Limited, did not oppose the application, further supporting the grant of the requested extension. Therefore, the Deputy President found that the application should be granted, and the 30-day period was extended by an additional 30 days, effective from 16 September 2024. This order allows eligible employees who were subject to the ballot and are employed by the Employer to continue with protected industrial action.

v Alstom Transport Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established