Australian Nursing and Midwifery Federation v Wollongong Day Surgery Pty Ltd T/A Wollongong Day Surgery
[2023] FWC 877
•13 APRIL 2023
| [2023] FWC 877 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.459—Protected action
Australian Nursing and Midwifery Federation
v
Wollongong Day Surgery Pty Ltd T/A Wollongong Day Surgery
(B2023/329)
| VICE PRESIDENT CATANZARITI | SYDNEY, 13 APRIL 2023 |
Application to extend the 30 day period in relation to B2023/165
On 6 April 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, PR751197 made on 24 February 2023. The Order applies to certain employees of Wollongong Day Surgery Pty Ltd T/A Wollongong Day Surgery (the Respondent).
The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 9 March 2023. 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 7 April 2023.
The Respondent did not give an indication to the Commission whether it consents or opposes the 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 7 April 2023, the extension period will operate from 7 April 2023.
An order has been separately issued in PR761075.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
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