v NCI Holdings Pty Ltd Summary

[2024] FWC 1545

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)

NCI Holdings Pty Ltd

(B2024/752)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 JUNE 2024

Application to extend the 30 day period in relation to B2024/415.

This matter concerns the declaration of the result of a protected action ballot PR773296 held in matter B2024/415 and declared on 22 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.

NCI Holdings Pty 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 14 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application from the Australian Manufacturing Workers' Union (AMWU) to extend the 30-day period for industrial action, which was authorised by a protected action ballot held on 22 May 2024. The application was made pursuant to section 459(3) of the Fair Work Act 2009. NCI Holdings Pty Ltd, the employer, did not object to the application. The AMWU sought an extension of the period to allow for further negotiations with the employer.

The legal issue before the Commission was whether the requirements of section 459(3) of the Act were met to allow for an extension of the 30-day period. Specifically, the Commission had to consider whether the AMWU, as the applicant for the protected action ballot order, had applied to the FWC for the period to be extended and whether the period had not previously been extended. Given that NCI Holdings Pty Ltd had not raised any objections, the Commission needed to determine if the application should be granted.

The Deputy President of the FWC, Hampton, found that the AMWU had met all the requirements of section 459(3) of the Act. The Commission was satisfied that the period had not been previously extended and that the application was made within the stipulated timeframe. Consequently, the Deputy President granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 14 June 2024.

v NCI Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established