Health Services Union v Banyule Community Health

[2018] FWC 2573

[2018] FWC 2573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

Health Services Union
v
Banyule Community Health
(B2018/337)

VICE PRESIDENT CATANZARITI BRISBANE, 8 MAY 2018

Application to extend the 30-day period in relation to B2018/166.

[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, PR601105 (the Order) made on 13 March 2018. The Order applies to certain employees of Banyule Community Health (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 12 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 11 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 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 11 May 2018, the extension period will operate from 11 May 2018.

[6] An order has been separately issued in PR606900.

VICE PRESIDENT

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