v Laminex Group Pty Limited Summary

[2024] FWC 1501

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)

Laminex Group Pty Limited

(B2024/728)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 JUNE 2024

Application to extend the 30 day period in relation to B2024/472.

This matter concerns the declaration of the result of a protected action ballot PR773941 held in matter B2024/472 and declared on 9 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.

Laminex Group Pty 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 7 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Laminex Group Pty Limited. The AMWU has applied for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. This application follows the declaration of the result of the ballot PR773941, which took place in matter B2024/472 and was declared on 9 May 2024. The AMWU seeks to extend the period in which industrial action can be undertaken by eligible employees under section 459(3) of the Fair Work Act 2009. Laminex Group Pty Limited has not raised any objections to the application.

The primary legal issue the Commission needed to address was whether the AMWU's application met the statutory requirements for an extension of the 30-day period for protected industrial action. Specifically, the Commission had to determine if the application was made by an applicant for the protected action ballot order and whether the period had not already been extended. Under section 459(3) of the Act, the Commission has the authority to extend the period by up to 30 days if these conditions are satisfied.

The Deputy President Hampton found that the AMWU's application met the statutory requirements. The AMWU applied for the extension and the period had not been extended previously. Consequently, the application was granted. The Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by Laminex Group Pty Limited be extended by an additional 30 days, effective from 7 June 2024.

v Laminex Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established