Health Services Union v Access Health and Community

[2018] FWC 2569

[2018] FWC 2569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Health Services Union
v
Access Health and Community
(B2018/336)

VICE PRESIDENT CATANZARITI BRISBANE, 8 MAY 2018

Application to extend the 30-day period in relation to B2018/155.

[1] On 7 May 2018, the Health 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, PR601015 (the Order) made on 8 March 2018. The Order applies to certain employees of Access Health and Community (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 10 April 2018. 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 9 May 2018.

[3] On 8 May 2018, the Commission was advised via email that the Respondent does not oppose the Health 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.

[4] In addressing s.459(3) of the Act, this application is made by the Health 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.

[5] 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 9 May 2018, the extension period will operate from 9 May 2018.

[6] An order has been separately issued in PR606895.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR606896>