v Graphic Packaging International Australia Converting Ltd Summary

[2024] FWC 2486

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)

Graphic Packaging International Australia Converting Ltd

(B2024/1198)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 12 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/958.

This matter concerns the declaration of the result of a protected action ballot PR777707 held in matter B2024/958 and declared on 14 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.

Graphic Packaging International Australia Converting 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 12 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period for industrial action authorised by a protected action ballot. The application relates to a ballot PR777707 held in matter B2024/958 and declared on 14 August 2024. The union seeks an extension under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by up to 30 days if certain conditions are met. The employer, Graphic Packaging International Australia Converting Ltd, has not objected to the application.

The key legal issue for the Commission to decide was whether the AMWU's application met the requirements of section 459(3) of the Act. Specifically, the Commission needed to determine if the union's application was made within the stipulated timeframe and if the 30-day period had not previously been extended. The union argued that it had met all the necessary conditions and therefore the period should be extended by a further 30 days. The employer did not raise any objections.

The Deputy President Hampton found that the requirements of the Act were satisfied and granted the application. The 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 12 September 2024. The Commission's decision was based on the union's compliance with the statutory requirements and the lack of objection from the employer. This outcome ensures that eligible employees can continue to pursue protected industrial action within the extended timeframe.

v Graphic Packaging International Australia Converting Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established