The Australasian Meat Industry Employees Union v Devro Pty Ltd [2022] FWC 756 | Case summary | Zoe

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The Australasian Meat Industry Employees Union v Devro Pty Ltd [2022] FWC 756

[2022] FWC 756

Fair Work Commission|2022-04-05

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At a glance

AI case summary

Result

procedural. Application granted; 30-day extension of protected action period ordered, operating from 31 March 2022

Key principles

The Commission has jurisdiction under s.459(3) of the Fair Work Act 2009 (Cth) to extend the 30-day period for protected industrial action authorised by a protected action ballot...
The requirements for an extension under s.459(3) are: (a) the application must be made by the applicant for whom the protected action ballot order was issued; and (b) the period...
The 30-day period for protected action commences on the date of the declaration of the results of the ballot pursuant to s.459(1)(d)(i) of the Act.
Where the requirements of s.459(3) are satisfied, the Commission may grant a 30-day extension of the protected action period.

Issues before the court

Whether the requirements of s.459(3) of the Fair Work Act 2009 (Cth) for extending the 30-day protected action period have been satisfied
Whether a 30-day extension of the protected action period is appropriate

Plain English Summary

The Fair Work Commission granted a 30-day extension to the period during which union members could take protected industrial action. The original 30-day period had expired on 31 March 2022. The union applied for an extension on 1 April 2022. The employer did not oppose the application. The Commission found that the statutory requirements were met—the union was the original applicant for the protected action ballot, and the period had not been extended before. The extension was granted to run from the expiry date.

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Judgment (12 paragraphs)

[1]

The Australasian Meat Industry Employees Union v Devro Pty Ltd [2022] FWC 756 (5 April 2022)

[2]

[2022] FWC 756

[3]

Fair Work Act 2009

[4]

s.459 - Protected action

[5]

Application to extend the 30 day period in relation to B2022/4

[6]

[1] On 1 April 2022, the Australasian Meat Industry Employees Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s.459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR737408 made on 12 January 2022. The Order applies to certain employees of Devro Pty Ltd (the Respondent).

[7]

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 2 March 2022. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 31 March 2022.

[8]

[3] On 1 April 2022, the Respondent advised the Commission via email that it does not oppose the Australasian Meat Industry Employees Union's application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[9]

[4] In addressing s.459(3) of the Act, this application is made by the Australasian Meat Industry Employees Union who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[10]

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 31 March 2022, the extension period will operate from 31 March 2022.

[11]

[6] An order has been separately issued in PR740030.

[12]

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