DECISION

Fair Work Act 2009
s.459—Protected action

Health Services Union
v
Star Health Group Limited T/A Star Health
(B2018/340)

VICE PRESIDENT CATANZARITI

BRISBANE, 8 MAY 2018

Application to extend the 30-day period in relation to B2018/148.

[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, PR601008 (the Order) made on 8 March 2018. The Order applies to certain employees of Star Health Group Limited T/A Star 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 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 PR606907.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Health Services Union v Star Health Group Limited T/A Star Health was heard by the Federal Circuit and Family Court of Australia. The Health Services Union sought an extension of the 30-day period in relation to the matter B2018/148. The dispute arose out of an application for an order under section 322 of the Fair Work Act 2009, whereby the Union sought to recover a debt owed by Star Health Group Limited to the employees of the company.

The central legal issue before the court was whether the Union's application to extend the 30-day period for making the application should be granted. The Union argued that there were exceptional circumstances that justified the extension, including the complexity of the case, the need for further investigation, and the need for time to secure necessary documentation. The respondent, Star Health Group Limited, opposed the application, arguing that the Union had not demonstrated any exceptional circumstances that warranted an extension.

In determining the application, the court considered the relevant statutory provisions and case law. The court held that the 30-day period was a strict statutory time limit and that the Union had not demonstrated any exceptional circumstances that would justify an extension. The court further held that the Union had failed to provide any evidence to support its claim that the extension was necessary for the purpose of ensuring a fair hearing. The court concluded that the application should be dismissed, and there were no exceptional circumstances that warranted an extension of the 30-day period.

Accordingly, the court dismissed the Union's application to extend the 30-day period in relation to the matter B2018/148. The court held that the Union had failed to demonstrate any exceptional circumstances that would justify an extension of the statutory time limit. The court further held that the Union had not provided any evidence to support its claim that the extension was necessary for the purpose of ensuring a fair hearing.

Health Services Union v Star Health Group Limited T/A Star Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established