Media, Entertainment and Arts Alliance v Australian Centre for Contemporary Art

[2023] FWC 2219

[2023] FWC 2219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Media, Entertainment and Arts Alliance

v

Australian Centre For Contemporary Art

(B2023/912)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 SEPTEMBER 2023

Proposed protected action ballot of employees of Australian Centre for Contemporary Art

1. This matter concerns the declaration of the result of a protected action ballot (PR763478) held in matter B2023/628 and declared on 2 August 2023.

1. The Media, Entertainment and Arts Alliance (MEAA 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 MEAA contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. Australian Centre For Contemporary Art (ACCA) 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 MEAA members employed by ACCA be extended by a further 30 days.

1. This order will operate on and from 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR765793>