Health Services Union v Australian Capital Territory

[2023] FWC 2087

[2023] FWC 2087

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

Health Services Union
v

Australian Capital Territory

(B2023/858)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 AUGUST 2023

Application to extend the 30-day period for protected action in relation to B2023/573.

1. This matter concerns the declaration of the result of a protected action ballot (PR763068) held in matter B2023/573 and declared on 26 July 2023.

1. The Health Services Union (HSU or Applicant) 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.

1. 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.”

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

1. Australian Capital Territory (ACT) has not advised the Commission of any objection to this application.

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

1. 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 HSU members employed by ACT be extended by a further 30 days.

1. This order will operate on and from 23 August 2023

DEPUTY PRESIDENT

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