Australian Municipal, Administrative, Clerical and Services Union v The Uniting Church in Australia Property Trust (Q.) T/A Blue Care

[2022] FWC 2589

[2022] FWC 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

The Uniting Church In Australia Property Trust (Q.) T/A Blue Care

(B2022/1449)

VICE PRESIDENT CATANZARITI SYDNEY, 27 SEPTEMBER 2022

Application to extend the 30 day period in relation to B2022/679

1. On 23 September 2022, the Australian Municipal, Administrative, Clerical and Services 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, PR743823 made on 18 July 2022. The Order applies to certain employees of the Uniting Church In Australia Property Trust (Q.) T/A Blue Care (the Respondent).

1. The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 24 August 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 22 September 2022.

1. On 27 September 2022, the Respondent advised the Commission via email that it does not oppose the Australian Municipal, Administrative, Clerical and Services 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.

1. In addressing s.459(3) of the Act, this application is made by the Australian Municipal, Administrative, Clerical and Services 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.

1. 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 22 September 2022, the extension period will operate from 22 September 2022.

1. An order has been separately issued in PR746229.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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