| [2024] FWC 2994 |
| 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)
v
Batchfire Callide Management Pty Ltd
(B2024/1403)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 29 OCTOBER 2024 |
Application to extend the 30 day period in relation to B2024/1222.
This matter concerns the declaration of the result of a protected action ballot PR779332 held in matter B2024/1222 and declared on 1 October 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.
Batchfire Callide Management 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 29 October 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR780706>
- AGLC
- v Batchfire Callide Management Pty Ltd [2024] FWC 2994
- Case
- [2024] FWC 2994
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the AMWU had met the requirements set out in section 459(3) of the Fair Work Act 2009 to extend the 30-day period for the commencement of industrial action. This required a determination of whether the AMWU had applied to the Commission for an extension within the stipulated timeframe and whether the period had not already been extended previously. The Commission also considered whether there were any other relevant factors that should be taken into account in deciding the application.
In assessing the application, Deputy President Wright found that the AMWU had fulfilled the necessary requirements for an extension of the 30-day period. The application was made in accordance with section 459(3) of the Act, and there was no evidence that the period had previously been extended. Given that the employer did not object to the application, the Deputy President was satisfied that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 29 October 2024.
The final orders of the Commission were 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 Batchfire Callide Management Pty Ltd would be extended by a further 30 days, starting from 29 October 2024. This decision was made in accordance with section 459(3) of the Fair Work Act 2009.
Orders
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