v Ausgrid Management Pty Ltd T/A Ausgrid

[2024] FWC 2298

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)

Ausgrid Management Pty Ltd T/A Ausgrid

(B2024/1098)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 AUGUST 2024

Application to extend the 30 day period in relation to B2024/864.

This matter concerns the declaration of the result of a protected action ballot PR776879 held in matter B2024/864 and declared on 31 July 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.

Ausgrid Management Pty Ltd T/A Ausgrid 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 28 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Manufacturing Workers' Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, which sought to extend the 30-day period authorised by a protected action ballot for industrial action against Ausgrid Management Pty Ltd T/A Ausgrid. The AMWU applied under section 459(3) of the Fair Work Act 2009 for an extension of this period. Ausgrid Management Pty Ltd indicated no objection to the application.

The legal issue before the Commission was whether the requirements set out in section 459(3) of the Act had been satisfied to warrant an extension of the 30-day period. The application had to demonstrate that the AMWU, as the applicant for the protected action ballot order, sought the extension and that the period had not previously been extended. The AMWU argued that both conditions were met, thus entitling it to a 30-day extension of the authorised period for protected industrial action.

The Deputy President found that the AMWU had met the requirements under section 459(3) of the Act. Given that Ausgrid Management Pty Ltd did not object to the application, the Deputy President granted the AMWU's application. Consequently, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days, effective from 28 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established