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

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch sought an extension of the 30-day period in relation to B2019/1144, which was an application for an order that the Mater Misericordiae Limited T/A Mater Group had contravened the Fair Work Act 2009. The case was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the Union's application for an extension of the 30-day period was justified under the circumstances presented. The Union argued that due to unforeseen circumstances, including the COVID-19 pandemic, it had not been able to complete the necessary steps within the original timeframe. The Commission considered the arguments presented by both parties and assessed the circumstances that led to the delay.

The Fair Work Commission found that the Union had not provided sufficient evidence to justify the extension of the 30-day period. While acknowledging the impact of the COVID-19 pandemic, the Commission held that the Union had not demonstrated how the pandemic specifically prevented it from filing the application within the original timeframe. The Commission emphasised the importance of adhering to statutory deadlines and noted that the Union had not presented any exceptional circumstances that warranted an extension. Consequently, the Commission dismissed the Union's application for an extension of the 30-day period. The Commission also noted that the Union's failure to meet the deadline resulted in the loss of its right to pursue the application for an order.

The final order of the Fair Work Commission was that the Union's application for an extension of the 30-day period in relation to B2019/1144 was dismissed. The Union was not granted the extension it sought, and as a result, it lost its right to pursue the application for an order against the Mater Misericordiae Limited T/A Mater Group. This decision underscores the importance of adhering to statutory deadlines and highlights the need for parties to provide compelling evidence when seeking extensions due to unforeseen circumstances.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established