v CSF Proteins Proprietary Limited T/A CSF Proteins Pty Ltd

[2024] FWC 3011

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)

CSF Proteins Proprietary Limited T/A CSF Proteins Pty Ltd

(B2024/1411)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 30 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1069.

This matter concerns the declaration of the result of a protected action ballot PR778592 held in matter B2024/1069 and declared on 7 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.

CSF Proteins Proprietary Limited trading as CSF Proteins 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 30 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot held in relation to CSF Proteins Proprietary Limited trading as CSF Proteins Pty Ltd. The application was made under section 459(3) of the Fair Work Act 2009, which allows for the extension of the 30-day period by up to an additional 30 days if certain conditions are met. The AMWU argued that the requirements for an extension had been satisfied and requested a further 30-day extension to the authorised industrial action period. CSF Proteins Proprietary Limited did not object to the application.

The primary legal issue before the Deputy President was whether the AMWU had met the statutory requirements to extend the 30-day period for industrial action as specified in section 459(3) of the Fair Work Act. This involved determining if the application was made by the applicant for the protected action ballot order and if the period had not previously been extended. The Deputy President found that the AMWU had satisfied both conditions and thus concluded that the application should be granted.

In reaching the decision, the Deputy President examined the relevant statutory provisions and found that the AMWU's application complied with all necessary criteria. Given that CSF Proteins Proprietary Limited had not raised any objections, the Deputy President was satisfied that the extension should be granted. 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 30 October 2024. This extension was in accordance with section 459(3) of the Fair Work Act, providing additional time for the industrial action to be authorised and potentially undertaken.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established