v ANCA Pty Ltd

[2024] FWC 2266

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)

ANCA Pty Ltd

(B2024/1067)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 AUGUST 2024

Application to extend the 30 day period in relation to B2024/773.

This matter concerns the declaration of the result of a protected action ballot PR776136 held in matter B2024/773 and declared on 30 July 2024.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

ANCA 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 23 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members, has applied to the Fair Work Commission (FWC) to extend the 30-day period for protected industrial action authorised by a ballot held in relation to ANCA Pty Ltd. The application was made under section 459(3) of the Fair Work Act 2009, seeking an extension of the authorisation period. The FWC was required to determine whether the union had met the criteria for an extension and whether the employer, ANCA Pty Ltd, had any objections. The central legal issue was whether the union's application met the statutory requirements for extending the period during which industrial action could be undertaken.

The union argued that all conditions for an extension under section 459(3) were fulfilled, including that the period had not been extended previously and that the union was the applicant. The employer, ANCA Pty Ltd, did not object to the application. The Deputy President Hampton found that the union's application complied with the statutory requirements. The Deputy President concluded that the application should be granted, thereby extending the 30-day period for the commencement of protected industrial action by a further 30 days.

The FWC granted the union's application, extending the authorisation period for protected industrial action by an additional 30 days. This order took effect from 23 August 2024. The decision was based on the union meeting all the criteria specified in section 459(3) of the Fair Work Act 2009, and the absence of any objection from the employer, ANCA Pty Ltd. The decision provides clarity on the extension of the authorisation period for industrial action in this matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established