v Boom Logistics Ltd

[2024] FWC 2214

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)

Boom Logistics Ltd

(B2024/1047)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 AUGUST 2024

Application to extend the 30 day period in relation to B2024/895.

This matter concerns the declaration of the result of a protected action ballot PR777038 held in matter B2024/895 and declared on 25 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.

Boom Logistics Ltd 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 19 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period for protected industrial action under the Fair Work Act 2009. The application was made in relation to a ballot PR777038 that had been held and declared on 25 July 2024. Boom Logistics Ltd, the employer, did not object to the application, which sought to extend the authorisation period for industrial action by a further 30 days.

The primary legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been satisfied to allow for the extension of the 30-day period. The section provides that the Fair Work Commission may extend the period by up to 30 days if the applicant for the protected action ballot order applies to the Commission and if the period has not previously been extended. The application argued that both conditions had been met.

The Deputy President considered the application and found that the AMWU had satisfied the requirements of the Act. The employer's lack of objection was noted as an additional factor supporting the granting of the application. The Deputy President was satisfied that the extension was appropriate and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This order was effective from 19 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established