Australian Nursing and Midwifery Federation v St Vincent's Private Hospitals Ltd T/A ‘Mater Hospital, Sydney' and ‘St Vincent's Private Community Hospital Griffith'

[2023] FWC 77

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Nursing and Midwifery Federation
v

St Vincent’s Private Hospitals Ltd T/A ‘Mater Hospital, Sydney’ and ‘St Vincent’s Private Community Hospital Griffith’

(B2023/23)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 JANUARY 2023

Application to extend the 30 day period in relation to B2022/1784

On 10 January 2023, the Australian Nursing and Midwifery Federation (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, PR748537 made on 2 December 2022. The Order applies to certain employees of St Vincent’s Private Hospitals Ltd T/A ‘Mater Hospital, Sydney’ and ‘St Vincent’s Private Community Hospital Griffith’ (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 14 December 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 expires at midnight on 13 January 2023.

On 11 January 2023, the Respondent advised the Commission via email that it does not oppose the Applicant’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 Nursing and Midwifery Federation 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 expires at midnight on 13 January 2023, the extension period will operate from 13 January 2023.

An order has been separately issued in PR749579.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation applied to the Fair Work Commission for an extension of the 30-day period for protected action authorised by a protected action ballot order. The application was made under section 459(3) of the Fair Work Act 2009 and related to certain employees of St Vincent’s Private Hospitals Ltd. The original ballot order was issued on 2 December 2022, and the 30-day period for protected action was due to expire on 13 January 2023. The respondents did not oppose the application, and the Commission had to determine whether the application met the requirements of section 459 of the Act.

The legal issues before the Commission were whether the application met the requirements of section 459(3) of the Act and whether the extension was appropriate. The Commission had to consider whether the relevant requirements of section 459 had been met and whether the extension period was appropriate. The Commission found that the relevant requirements had been met, and the extension was appropriate. The Commission noted that the 30-day period would expire at midnight on 13 January 2023, and the extension period would operate from 13 January 2023.

The Commission determined that the application met the requirements of section 459(3) of the Act and that a 30-day extension was appropriate. The Commission found that the relevant requirements of section 459 of the Act had been met and that the extension was appropriate. The Commission noted that the respondents did not oppose the application and that the 30-day period would expire at midnight on 13 January 2023. The Commission decided to grant the extension period from 13 January 2023.

The Fair Work Commission granted the Australian Nursing and Midwifery Federation's application for an extension of the 30-day period for protected action authorised by a protected action ballot order. The extension period will operate from 13 January 2023. The Commission found that the relevant requirements of section 459 of the Act had been met and that the extension was appropriate. The respondents did not oppose the application, and the Commission determined that the extension was necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established