v Infrabuild Wire Pty Limited

[2024] FWC 3269

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)

Infrabuild Wire Pty Limited

(B2024/1502)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 25 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1202.

This matter concerns the declaration of the result of a protected action ballot PR779213 held in matter B2024/1202 and declared on 28 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.

Infrabuild Wire Pty Limited has advised the Commission it has no 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 25 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU), on behalf of its members employed by Infrabuild Wire Pty Limited, sought an extension of the 30-day period during which industrial action was authorised by a protected action ballot. The case was heard by the Fair Work Commission under Section 459 of the Fair Work Act 2009. The AMWU applied for an extension under the provision that allows the Fair Work Commission to extend the 30-day period by up to an additional 30 days, provided that certain conditions are met. Infrabuild Wire Pty Limited did not oppose the application.

The key legal issue before the court was whether the AMWU had fulfilled the statutory requirements to extend the 30-day period for industrial action as authorised by the ballot. Specifically, the court needed to determine if the application for the extension was made by the applicant for the protected action ballot order and if the period had not already been extended previously. The AMWU argued that both conditions were satisfied and thus, the period should be extended by a further 30 days. The court examined the application and the relevant legal provisions to ascertain if the requirements were indeed met.

Upon reviewing the application and the relevant provisions of the Fair Work Act, the Deputy President found that the AMWU had met all the necessary conditions for an extension. The application was indeed made by the applicant for the protected action ballot order, and the period had not previously been extended. Consequently, the Deputy President granted the application and extended the 30-day period by a further 30 days. This decision was made on the basis that the statutory requirements were satisfied, and Infrabuild Wire Pty Limited had no objections to the application.

In accordance with section 459(3) of the Fair Work Act, the Deputy President issued an order extending the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by Infrabuild Wire Pty Limited. The extension took effect from 25 November 2024. This order ensures that the period for industrial action is appropriately extended, reflecting the legal requirements and the agreement of the involved parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established