Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch v Mater Misericordiae Limited T/A Mater Group

[2019] FWC 8345

[2019] FWC 8345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch
v
Mater Misericordiae Limited T/A Mater Group
(B2019/1374)

VICE PRESIDENT CATANZARITI SYDNEY, 9 DECEMBER 2019

Application to extend the 30-day period in relation to B2019/1144.

[1] On 4 December 2019 the Australian Municipal, Administrative, Clerical and Services Union - Queensland Together Branch (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, PR712947 made on 3 October 2019. The Order applies to certain employees of Mater Misericordiae Limited T/A Mater Group (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 8 November 2019. 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 7 December 2019.

[3] On 6 December 2019, the Respondent advised the Commission via email that it does not oppose the Australian Municipal, Administrative, Clerical and Services Union - Queensland Together Branch’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.

[4] In addressing s.459(3) of the Act, this application is made by the Australian Municipal, Administrative, Clerical and Services Union - Queensland Together Branch 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.

[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 7 December 2019, the extension period will operate from 7 December 2019.

[6] An order has been separately issued in PR715008.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR715009>