Health Services Union v Australian Capital Territory Summary

[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.

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.

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.

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

Australian Capital Territory (ACT) has not advised the Commission of 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 HSU members employed by ACT be extended by a further 30 days.

This order will operate on and from 23 August 2023

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Health Services Union (HSU) has applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application concerns a ballot declared on 26 July 2023, relating to industrial action against the Australian Capital Territory (ACT). The matter was brought before the Deputy President of the Commission, Hampton, who presided over the hearing in Adelaide on 23 August 2023.

The legal issues before the court were whether the application met the statutory requirements set out in section 459(3) of the Fair Work Act 2009, specifically whether the 30-day period could be extended and if no previous extension had been made. The HSU argued that the application satisfied all necessary conditions, and the ACT did not object to the extension.

The Deputy President concluded that the HSU had fulfilled the statutory requirements for an extension, and no previous extension had been made. The court found that the application should be granted, and the 30-day period for the commencement of protected industrial action for eligible HSU members employed by the ACT was extended by a further 30 days, commencing on 23 August 2023.

The final order was 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, effective from 23 August 2023.

Health Services Union v Australian Capital Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established