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 Summary

[2023] FWC 1789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

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

(B2023/729)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JULY 2023

Application to extend the 30 day period in relation to B2023/466

This matter concerns the declaration of the result of a protected action ballot (PR762564) held in matter B2023/466 and declared on 23 June 2023.

The Australian Nursing and Midwifery Federation (ANMF) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the ANMF contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

St Vincent's Private Hospitals Ltd T/A Mater Hospital, Sydney and St Vincent's Private Community Hospital Griffith (St Vincent’s Private Hospitals) has not advised the Commission it has any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible ANMF members employed by St Vincent’s Private Hospitals be extended by a further 30 days.

This order will operate on and from 21 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Australian Nursing and Midwifery Federation (ANMF) to extend the 30-day period in which industrial action is authorised by a protected action ballot held in relation to St Vincent’s Private Hospitals Ltd T/A Mater Hospital, Sydney and St Vincent’s Private Community Hospital Griffith. The application was made pursuant to section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met. St Vincent’s Private Hospitals did not object to the application.

The primary legal issue the Commission needed to decide was whether the application met the criteria set out in section 459(3) of the Act. The ANMF argued that all requirements were satisfied and that the period should be extended by a further 30 days. The Commission had to examine the application to determine if it complied with the statutory provisions.

Upon reviewing the application, the Commission found that the ANMF had fulfilled the necessary conditions, as St Vincent’s Private Hospitals had not raised any objections. The Commission was satisfied that the application met the legal requirements and therefore granted the extension. The Commission's decision was based on the clear language of the Act and the absence of any objections from the respondent. Consequently, the Commission ordered that the 30-day period for the commencement of protected industrial action by ANMF members employed by St Vincent’s Private Hospitals be extended by a further 30 days, effective from 21 July 2023.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established