v Wilmar Sugar Pty Ltd Summary

[2024] FWC 1356

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)

Wilmar Sugar Pty Ltd

(B2024/574)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 23 MAY 2024

Application to extend the 30 day period in relation to B2024/413.

This matter concerns the declaration of the result of a protected action ballot PR773273 held in matter B2024/413 and declared on 26 April 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.

Wilmar Sugar Pty Ltd 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 23 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission to extend the 30-day period in which industrial action can be taken by employees who participated in a protected action ballot. The application was made in relation to ballot PR773273, which was declared on 26 April 2024, and was for the employer Wilmar Sugar Pty Ltd. The application was brought pursuant to s.459(3) of the Fair Work Act 2009. Wilmar Sugar Pty Ltd has not opposed the application.

The central legal issue the Commission had to address was whether the AMWU's application met the statutory requirements for an extension under s.459(3) of the Act. The requirements include that an application for the extension be made by the applicant for the protected action ballot order and that the period has not previously been extended. The AMWU argued that it had satisfied these conditions and requested a 30-day extension of the period during which industrial action can be authorised by the ballot.

In deciding the matter, Deputy President Hampton noted that the AMWU had indeed applied for the extension and that the period had not been previously extended. Given these facts, Deputy President Hampton was satisfied that the statutory requirements for an extension had been met. Therefore, the application was granted, and the 30-day period for the commencement of protected industrial action for the employees in question was extended by a further 30 days. This extension took effect from 23 May 2024.

v Wilmar Sugar Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established