v JBS Australia Pty Limited

[2024] FWC 1456

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)

JBS Australia Pty Limited

(B2024/717)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 JUNE 2024

Application to extend the 30 day period in relation to B2024/483.

This matter concerns the declaration of the result of a protected action ballot PR774242 held in matter B2024/483 and declared on 10 May 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.

JBS Australia 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 4 June 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, applied to the Fair Work Commission (FWC) to extend the 30-day period within which industrial action could be undertaken by its members employed by JBS Australia Pty Limited. This application arose from the result of a protected action ballot PR774242, declared on 10 May 2024. The AMWU sought an extension of the 30-day period pursuant to section 459(3) of the Fair Work Act 2009 (Act), which allows for an extension if the FWC is satisfied with the application and the period has not previously been extended. JBS Australia Pty Limited did not object to the application.

The key issue before the FWC was whether the AMWU's application met the statutory criteria for extending the 30-day period. The Deputy President considered whether the AMWU had applied for the extension and whether the period had already been extended. Since JBS Australia Pty Limited did not object to the application, and no prior extension had been made, the Deputy President concluded that the application met the statutory requirements. The Deputy President was satisfied that the AMWU's application should be granted, and therefore ordered the extension of the 30-day period by a further 30 days, effective from 4 June 2024.

The Fair Work Commission granted the AMWU's application to extend the 30-day period for protected industrial action by a further 30 days. The Deputy President found that the statutory requirements for an extension were met, as the AMWU had made the application and no prior extension had been made. The decision was made in light of JBS Australia Pty Limited's lack of objection to the application. The extension will allow eligible employees who were subject to the ballot and are employed by the employer to engage in protected industrial action for a total of 60 days from the original declaration date of 10 May 2024. This extension will take effect from 4 June 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established