v Volgren Australia Pty Limited

[2024] FWC 1958

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)

Volgren Australia Pty Limited

(B2024/936)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 JULY 2024

Application to extend the 30 day period in relation to B2024/734.

This matter concerns the declaration of the result of a protected action ballot PR775775 held in matter B2024/734 and declared on 3 July 2024.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

Volgren Australia 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 24 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action could be taken under the result of a protected action ballot. The dispute arose from ballot PR775775 declared on 3 July 2024, which authorised industrial action by eligible employees of Volgren Australia Pty Limited. The AMWU sought an extension under section 459(3) of the Fair Work Act 2009, which permits such extensions if specific conditions are met. Volgren Australia Pty Limited did not oppose the application.

The primary legal issue before the FWC was whether the AMWU's application met the statutory requirements for extending the 30-day period. The FWC needed to determine if the AMWU had properly applied for the extension within the specified timeframe and if the period had not been previously extended. Section 459(3) of the Fair Work Act 2009 outlines the conditions for such an extension, which include the applicant applying to the FWC and the absence of any prior extension of the period.

In evaluating the application, the Deputy President Hampton confirmed that the AMWU had fulfilled the conditions set out in section 459(3) of the Fair Work Act 2009. There was no opposition from Volgren Australia Pty Limited, and the 30-day period had not been previously extended. Consequently, the Deputy President was satisfied that the requirements for an extension were met and granted the application. The 30-day period for the commencement of protected industrial action was extended by an additional 30 days, effective from 24 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established