v CS Energy Limited Summary

[2024] FWC 1762

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)

CS Energy Limited

(B2024/844)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 JULY 2024

Application to extend the 30 day period in relation to B2024/481.

This matter concerns the declaration of the result of a protected action ballot PR774268 held in matter B2024/481 and declared on 7 June 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.

CS Energy 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 4 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application pertains to ballot PR774268, which was declared on 7 June 2024 in matter B2024/481. The AMWU has requested an extension under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by up to an additional 30 days if the applicant for the protected action ballot order applies for the extension and the period has not previously been extended. The employer, CS Energy Limited, has not objected to the application.

The key legal issue before the Commission was whether the AMWU had satisfied the statutory requirements to extend the 30-day period for commencing protected industrial action. This involved determining whether the application met the criteria outlined in section 459(3) of the Act. The Commission needed to consider whether the AMWU had applied for the extension, and whether the 30-day period had already been extended. Given that CS Energy Limited did not raise any objections to the application, the Commission was required to make a determination based on the information presented.

The Deputy President of the Fair Work Commission, Hampton, determined that the AMWU had satisfied the requirements under section 459(3) of the Fair Work Act 2009. The application for an extension was made by the AMWU, and the 30-day period had not previously been extended. The Commission was satisfied that the AMWU had met all necessary criteria, and thus, the application should be granted. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 4 July 2024.

v CS Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established