v Centennial Mandalong Pty Limited Summary

[2024] FWC 2847

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)

Centennial Mandalong Pty Limited

(B2024/1337)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1090.

This matter concerns the declaration of the result of a protected action ballot PR778681 held in matter B2024/1090 and declared on 10 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.

Centennial Mandalong Pty Limited 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 9 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members employed by Centennial Mandalong Pty Limited, applied to the Fair Work Commission for an extension of the 30-day period within which industrial action could be undertaken following a protected action ballot. The dispute involved the interpretation and application of section 459(3) of the Fair Work Act 2009, which allows for the extension of the authorised period for industrial action under specific conditions. The application was unopposed by Centennial Mandalong Pty Limited, who did not object to the extension requested by the AMWU.

The central legal issue before the Deputy President was whether the requirements of section 459(3) of the Act had been met sufficiently to justify an extension of the 30-day period. This section permits an extension if an application is made by an applicant for the protected action ballot order and if the period has not previously been extended. The AMWU argued that the application met these criteria and that there were valid reasons to warrant the extension. The Deputy President examined the application and the circumstances surrounding the ballot to determine if the statutory conditions were met.

In assessing the application, the Deputy President confirmed that the AMWU had fulfilled the statutory requirements for the extension of the authorised period for industrial action. The Deputy President found that the application was made by the AMWU, an applicant for the protected action ballot order, and that the 30-day period had not previously been extended. Given these findings, the Deputy President determined that the application should be granted, and therefore, the 30-day period was extended by a further 30 days from 9 October 2024. This extension allowed eligible employees to engage in industrial action for an additional month as authorised by the ballot.

The Fair Work Commission, through Deputy President Hampton, granted the application for an extension of the 30-day period in which industrial action could be authorised by the protected action ballot. The order extended the period by an additional 30 days, effective from 9 October 2024. This decision was based on the fulfilment of statutory conditions under section 459(3) of the Fair Work Act 2009.

v Centennial Mandalong Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established