v Rheem Australia Pty Limited Summary

[2024] FWC 3558

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)

Rheem Australia Pty Limited

(B2024/1653)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1433.

This matter concerns the declaration of the result of a protected action ballot PR780974 held in matter B2024/1433 and declared on 20 November 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.

Rheem 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 20 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission (FWC) to extend the 30-day period during which industrial action could be authorised by a protected action ballot. The dispute was between the AMWU and Rheem Australia Pty Limited and involved the outcome of a protected action ballot PR780974. The AMWU sought an extension of the period under section 459(3) of the Fair Work Act 2009. Rheem Australia Pty Limited did not object to the application.

The primary legal issue was whether the AMWU had met the statutory criteria to extend the 30-day period during which industrial action could be authorised by the protected action ballot. Section 459(3) of the Act allows for an extension if the applicant for the protected action ballot order applies to the FWC and if the period has not previously been extended. The AMWU argued that it had met these requirements and, therefore, the period should be extended by a further 30 days.

The Deputy President Hampton reviewed the application and found that the AMWU had satisfied the statutory criteria for an extension under section 459(3) of the Act. Given that Rheem Australia Pty Limited had no objection to the application, the Deputy President concluded that the requirements of the Act had been met. The Deputy President granted the application and extended the 30-day period by a further 30 days, effective from 20 December 2024.

This decision allows the AMWU to authorise industrial action by eligible employees who were subject to the ballot for an additional 30 days, beyond the original 30-day period.

v Rheem Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established