v CSL Limited T/A Seqirus

[2024] FWC 2450

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)

CSL Limited T/A Seqirus

(B2024/1172)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 9 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/916.

This matter concerns the declaration of the result of a protected action ballot PR777191 held in matter B2024/916 and declared on 9 August 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.

CSL Limited trading as Seqirus 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 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), trading as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, has applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action can be authorised by a protected action ballot. The application concerns the ballot PR777191, held in matter B2024/916, which was declared on 9 August 2024. The applicant seeks an extension under section 459(3) of the Fair Work Act 2009 (Act) as CSL Limited trading as Seqirus has not objected to the application.

The central legal issue before the Deputy President was whether the AMWU had met the requirements under section 459(3) of the Act to extend the 30-day period for the commencement of industrial action. The applicant argued that all necessary conditions were satisfied, including that the period had not previously been extended. The Deputy President considered the provisions of the Act and the application submitted by the AMWU.

The Deputy President found that the AMWU had fulfilled the statutory requirements for an extension. There was no objection from CSL Limited, and the period in question had not been previously extended. Consequently, the Deputy President concluded that the application should be granted. Pursuant to section 459(3) of the Act, the 30-day period for the commencement of protected industrial action for eligible employees was extended by a further 30 days, effective from 9 September 2024.

The final order extended the period for protected industrial action by an additional 30 days, commencing from 9 September 2024. This decision ensures that eligible employees who participated in the ballot have an extended timeframe to commence industrial action, as authorised by the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established