v Inghams Enterprises Pty Ltd Summary

[2024] FWC 2830

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

Australasian Meat Industry Employees Union

Inghams Enterprises Pty Ltd

(B2024/1323)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1060.

This matter concerns the declaration of the result of a protected action ballot PR778545 held in matter B2024/1060 and declared on 12 September 2024.

The Australasian Meat Industry Employees Union 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.

Inghams Enterprises Pty Ltd 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 10 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australasian Meat Industry Employees Union filed an application to extend the 30-day period during which industrial action is authorised by a protected action ballot held in relation to Inghams Enterprises Pty Ltd. The application was made pursuant to section 459(3) of the Fair Work Act 2009, seeking an extension of the period during which the union can take industrial action as authorised by the ballot.

The legal issue before the court was whether the requirements for extending the 30-day period under section 459(3) of the Fair Work Act 2009 had been met. The court needed to determine if the union's application met the statutory criteria and whether the 30-day period had already been extended previously. The Deputy President Hampton examined the application to ensure it complied with the legislative requirements and assessed whether there were any objections from Inghams Enterprises Pty Ltd.

Upon reviewing the application and considering Inghams Enterprises Pty Ltd's lack of objection, the Deputy President Hampton found that the union had fulfilled the statutory requirements for an extension. Consequently, the court granted the application, extending the 30-day period by an additional 30 days, effective from 10 October 2024. This decision was based on the union's compliance with the relevant provisions of the Fair Work Act 2009 and the absence of any objections from the employer.

v Inghams Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established