v Anglo Coal (Capcoal Management) Pty Limited

[2024] FWC 3455

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)

Anglo Coal (Capcoal Management) Pty Limited

(B2024/1616)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1406.

This matter concerns the declaration of the result of a protected action ballot PR780796 held in matter B2024/1406 and declared on 13 November 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.

Anglo Coal (Capcoal Management) Pty Limited 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 11 December 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 (FWC) for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009, seeking to extend the time limit for industrial action authorised by ballot PR780796, declared on 13 November 2024, in matter B2024/1406. Anglo Coal (Capcoal Management) Pty Limited, the employer, did not oppose the application.

The primary legal issue for the FWC to determine was whether the AMWU's application met the requirements set out in section 459(3) of the Act, specifically whether an applicant for the protected action ballot order applied to the FWC for an extension and whether the period had not previously been extended. The AMWU argued that both conditions were satisfied and that the 30-day period should be extended by an additional 30 days.

The Deputy President Hampton found that the AMWU's application met the statutory requirements. The Deputy President was satisfied that the application for the extension was made by the AMWU, and the 30-day period had not previously been extended. Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 11 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established