v Tully Sugar Limited Summary

[2024] FWC 1479

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)

Tully Sugar Limited

(B2024/725)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JUNE 2024

Application to extend the 30 day period in relation to B2024/467.

This matter concerns the declaration of the result of a protected action ballot PR773849 held in matter B2024/467 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.

Tully Sugar 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 6 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australian Manufacturing Workers’ Union (AMWU) to extend the 30-day period within which industrial action could be authorised by a protected action ballot. The application sought to extend the period beyond the initial 30 days, as allowed under section 459(3) of the Fair Work Act 2009. The respondent, Tully Sugar Limited, did not object to the application. The decision to be made was whether the requirements of the Act were met, and if so, whether the period should be extended.

The legal issue for the Commission to decide was whether the AMWU's application complied with the statutory requirements to extend the period for protected industrial action. Section 459(3) of the Act allows for an extension of the 30-day period if the applicant for the protected action ballot order applies to the FWC for the extension and if the period has not previously been extended. The AMWU contended that it had met these criteria and sought an extension of an additional 30 days.

The Deputy President found that the AMWU had satisfied the requirements set out in section 459(3) of the Act. Given that Tully Sugar Limited had no objections, the Deputy President concluded that the application should be granted. The Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot be extended by an additional 30 days, effective from 6 June 2024.

v Tully Sugar Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established