CPSU, the Community and Public Sector Union (SPSF) SA Branch v The Australian Red Cross Society T/A Australian Red Cross Lifeblood

[2024] FWC 2316

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

CPSU, the Community and Public Sector Union (SPSF) SA Branch
v

The Australian Red Cross Society T/A Australian Red Cross Lifeblood

(B2024/1104)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 AUGUST 2024

Application to extend the 30 day period in relation to B2024/862.

This matter concerns the declaration of the result of a protected action ballot PR776817 held in matter B2024/862 and declared on 30 July 2024.

The CPSU, the Community and Public Sector Union (SPSF) SA Branch 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 contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Australian Red Cross Society trading as Australian Red Cross Lifeblood has advised the Commission it has no 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 30 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Community and Public Sector Union (SPSF) SA Branch to extend the 30-day period for initiating protected industrial action as authorised by a ballot. The application was made in relation to the industrial action ballot PR776817, which was declared on 30 July 2024, and concerns employees of the Australian Red Cross Society trading as Australian Red Cross Lifeblood. The application seeks an extension of the period under section 459(3) of the Fair Work Act 2009, which allows for an extension of up to 30 days if the applicant meets the specified criteria and the period has not already been extended.

The legal issues for the Commission to determine were whether the application met the statutory requirements for an extension under section 459(3) of the Act, and whether the 30-day period had already been extended. The CPSU argued that the application met all the necessary conditions, and that the Australian Red Cross Society had no objection to the extension. The Commission reviewed the application and relevant provisions of the Act, confirming that the application satisfied the criteria for an extension. It was also confirmed that the period had not been extended previously.

The Deputy President, Hampton, found that the application met the requirements of section 459(3) of the Act and granted the application. The decision was based on the fact that the application was made by the CPSU, the Australian Red Cross Society had no objections, and the 30-day period had not been extended previously. The Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 30 August 2024. This decision ensures that the union has the necessary time to proceed with any authorised industrial action.

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