v Asahi Beverages Pty Ltd Summary

[2024] FWC 1435

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)

Asahi Beverages Pty Ltd

(B2024/714)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 31 MAY 2024

Application to extend the 30 day period in relation to B2024/250.

This matter concerns the declaration of the result of a protected action ballot PR772691 held in matter B2024/250 and declared on 8 May 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.

Asahi Beverages Pty Ltd has advised the Commission it does not object 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 31 May 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 during which industrial action is authorised by a protected action ballot held in relation to Asahi Beverages Pty Ltd. The application was pursuant to section 459(3) of the Fair Work Act 2009, which allows for such an extension if the period has not previously been extended and the applicant requests it. Asahi Beverages Pty Ltd did not object to the application, and the matter proceeded before Deputy President Hampton in Adelaide. The primary issue for the Commission was whether the statutory conditions for extending the 30-day period had been satisfied.

The Fair Work Commission considered whether the AMWU had met the requirements of section 459(3) of the Fair Work Act 2009. The Act mandates that the 30-day period may be extended if the applicant for the protected action ballot order applies for the extension and the period has not previously been extended. Deputy President Hampton found that the AMWU had met the statutory prerequisites for the extension, as the period had not been extended before and the application was made by the relevant applicant. The absence of opposition from Asahi Beverages Pty Ltd further supported the granting of the application.

In light of the statutory requirements being met and no objections from Asahi Beverages Pty Ltd, Deputy President Hampton granted the application. The 30-day period for the commencement of protected industrial action was extended by a further 30 days. This extension became effective from 31 May 2024. The decision was made to ensure compliance with the legal framework governing protected industrial action under the Fair Work Act 2009.

v Asahi Beverages Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established