Health Services Union v Radploy Pty Ltd T/A Lake Imaging Summary

[2023] FWC 2753

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

Radploy Pty Ltd T/A Lake Imaging

(B2023/1128)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/927

This matter concerns the declaration of the result of a protected action ballot (PR765855) held in matter B2023/927 and declared on 25 September 2023.

The Health Services Union (HSU) 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.

The Respondent 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 Radploy Pty Ltd T/A Lake Imaging be extended by a further 30 days.

This order will operate on and from 20 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the Health Services Union (HSU) to extend the 30-day period for protected industrial action against Radploy Pty Ltd T/A Lake Imaging. The HSU had conducted a ballot of its members, resulting in a declaration on 25 September 2023. Pursuant to section 459(3) of the Fair Work Act 2009, the HSU sought to extend this period by an additional 30 days. The Respondent, Radploy Pty Ltd, did not object to the application.

The legal issue before the Commission was whether the HSU had met the statutory requirements for extending the period within which industrial action could be taken. Specifically, the Commission needed to determine whether the 30-day period could be extended under section 459(3) of the Act, which allows for an extension if the conditions in subsection (3) are satisfied. The HSU argued that all conditions were met, and the period had not previously been extended.

The Deputy President of the Fair Work Commission concluded that the requirements of the Act were indeed met. The application by the HSU was timely, and there was no objection from the Respondent. Therefore, the Deputy President granted the application and extended the 30-day period for the commencement of protected industrial action by a further 30 days. This extension was to commence on 20 October 2023.

The final order of the Commission was that the 30-day period for the commencement of protected industrial action for eligible HSU members employed by Radploy Pty Ltd T/A Lake Imaging be extended by a further 30 days, effective from 20 October 2023. This decision was made under the authority of section 459(3) of the Fair Work Act 2009.

Health Services Union v Radploy Pty Ltd T/A Lake Imaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established