| [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
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).
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.
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.
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.
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.
An order has been separately issued in PR746229.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR746230>
- AGLC
- Australian Municipal, Administrative, Clerical and Services Union v The Uniting Church in Australia Property Trust (Q.) T/A Blue Care [2022] FWC 2589
- Case
- [2022] FWC 2589
- Decision Date
CaseChat Overview and Summary
The legal issue in this case was whether the Fair Work Commission should grant the Applicant’s application to extend the 30-day period for protected action, as authorised by s. 459(3) of the Fair Work Act 2009 (Cth). The Vice President considered whether the requirements of s. 459 of the Act had been met and whether a 30-day extension was appropriate.
In this case, the Vice President determined that the requirements of s. 459 of the Act had been met, and that a 30-day extension was appropriate. The Vice President was satisfied that the relevant requirements of s. 459 of the Act had been met and that a 30-day extension was appropriate. Therefore, the 30-day extension period will operate from 22 September 2022.
Separate orders have been issued in PR746229.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.