v Gladstone Ports Corporation Limited Summary

[2025] FWC 35

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)

Gladstone Ports Corporation Limited

(B2025/7)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1504.

This matter concerns the declaration of the result of a protected action ballot PR781578 held in matter B2024/1504 and declared on 10 December 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.

Gladstone Ports Corporation 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 6 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), the union has applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action is authorised by a protected action ballot. This application pertains to a protected action ballot, PR781578, which was declared on 10 December 2024 in relation to matter B2024/1504. The applicant, AMWU, seeks to extend the 30-day period under section 459(3) of the Fair Work Act 2009 (Act) as the relevant conditions for such an extension have been met. The respondent, Gladstone Ports Corporation Limited, has not raised any objections to this application.

The primary legal issue before the Commission was whether the application for an extension met the criteria set out in section 459(3) of the Act. Specifically, the court needed to determine if the 30-day period could be extended because the applicant had applied for the extension and the period had not previously been extended. Given the application's compliance with these criteria and the absence of any objections from the respondent, the court found that the application should be granted.

The Deputy President of the FWC, Hampton, concluded that the application met the statutory requirements for an extension of the 30-day period. The decision was based on the fact that the union had applied for the extension within the specified timeframe and that the period had not previously been extended. The Deputy President was satisfied that the application should be granted, thereby authorising an extension of the 30-day period by an additional 30 days. This extension is effective from 6 January 2025, and eligible employees who participated in the ballot and are employed by the respondent will be covered by this extension.

v Gladstone Ports Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established