v ASC Pty Ltd Summary

[2024] FWC 1372

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)

ASC Pty Ltd

(B2024/578)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 MAY 2024

Application to extend the 30 day period in relation to B2024/184.

This matter concerns the declaration of the result of a protected action ballot PR772090 held in matter B2024/184 and declared on 22 April 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.

ASC 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 24 May 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 in which industrial action is authorised by a protected action ballot. This application was made in relation to a protected action ballot held and declared in matter B2024/184, and it seeks an extension under section 459(3) of the Fair Work Act 2009. ASC Pty Ltd, the employer, did not oppose the application. The central issue before the Deputy President was whether the requirements for an extension under the Act were satisfied. Specifically, the Deputy President needed to determine if the AMWU's application met the criteria set out in section 459(3) of the Act and if the 30-day period had not been previously extended.

The Deputy President found that the AMWU's application met all the necessary requirements for an extension. The 30-day period in question had not been extended previously, and ASC Pty Ltd had not raised any objections to the application. The Deputy President concluded that there were no impediments to granting the requested extension. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by ASC Pty Ltd be extended by a further 30 days, effective from 24 May 2024. This decision was based on the clear satisfaction of the statutory requirements and the absence of any objections from the employer.

v ASC Pty Ltd

CaseChat Overview and Summary

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