v Brockman Services Pty Ltd Summary

[2024] FWC 2936

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)

Brockman Services Pty Ltd

(B2024/1379)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1140.

This matter concerns the declaration of the result of a protected action ballot PR779001 held in matter B2024/1140 and declared on 26 September 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.

Brockman Services 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 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an extension of the 30-day period in which industrial action is authorised by a protected action ballot, as declared on 26 September 2024, in the Fair Work Commission. Brockman Services Pty Ltd did not object to the application. The AMWU argued that the relevant requirements under section 459(3) of the Fair Work Act 2009 had been met, thereby warranting a 30-day extension for the commencement of protected industrial action for eligible employees.

The primary legal issue was whether the AMWU had fulfilled the statutory requirements to extend the authorised period for industrial action. Specifically, the court needed to determine if the application was made within the stipulated timeframe and if the period had not previously been extended. The Act allows for an extension if both these conditions are met. The court also needed to consider the absence of objection from Brockman Services Pty Ltd.

The Deputy President of the Fair Work Commission found that the AMWU's application complied with the statutory requirements. The AMWU had made the application within the appropriate timeframe, and the period had not previously been extended. Furthermore, the absence of any objection from Brockman Services Pty Ltd supported the granting of the extension. Consequently, the Deputy President concluded that the application should be approved and the period extended by an additional 30 days.

In accordance with section 459(3) of the Fair Work Act 2009, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees employed by Brockman Services Pty Ltd be extended by a further 30 days. This order took effect from 22 October 2024.

v Brockman Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established