v Northern SEQ Distributor Retailer Authority T/A Unitywater Summary

[2024] FWC 1571

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)

Northern SEQ Distributor Retailer Authority T/A Unitywater

(B2024/772)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 JUNE 2024

Application to extend the 30 day period in relation to B2024/508.

This matter concerns the declaration of the result of a protected action ballot PR774560 held in matter B2024/508 and declared on 21 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.

The Northern SEQ Distributor Retailer Authority trading as Unitywater 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 17 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) sought an extension of the 30-day period during which industrial action could be authorised by a protected action ballot held for employees of Northern SEQ Distributor Retailer Authority trading as Unitywater. This application was made under section 459(3) of the Fair Work Act 2009. The AMWU argued that the requirements of the Act were met and requested an additional 30-day period. Unitywater did not oppose the application.

The legal issue before the court was whether the requirements under section 459(3) of the Act had been satisfied, specifically whether the application was made by an applicant for the protected action ballot order and whether the period had not previously been extended. The court needed to determine if the application should be granted and, if so, what the implications would be for the parties involved.

The court found that the requirements of the Act were indeed met, as the AMWU had made the application and the period had not previously been extended. The court noted Unitywater's lack of opposition to the application as a relevant factor in its decision. Therefore, the court granted the application and extended the 30-day period for the commencement of protected industrial action by an additional 30 days, effective from 17 June 2024.

The court's decision provides clarity and guidance on the application process under section 459(3) of the Fair Work Act, ensuring that the rights of both the union and the employer are considered. This ruling will impact the timeline for any industrial action that may be taken by the employees involved.

v Northern SEQ Distributor Retailer Authority T/A Unitywater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established