United Workers’ Union v Ambulance Victoria Summary

[2024] FWC 841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Ambulance Victoria

(B2024/271)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 APRIL 2024

Application to extend the 30 day period in relation to B2024/142

This matter concerns the declaration of the result of a protected action ballot (PR771617) held in matter B2024/142 and declared on 21 February 2024.

The United Workers’ Union (UWU) 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 UWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Ambulance Victoria 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 UWU members employed by Ambulance Victoria be extended by a further 30 days.

This order will operate on and from 3 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the United Workers’ Union (UWU) applied for an extension to the 30-day period for industrial action authorised by a protected action ballot held in relation to Ambulance Victoria employees. The application was pursuant to section 459(3) of the Fair Work Act 2009. The UWU sought to extend this period by a further 30 days, claiming that the necessary conditions under the Act were satisfied. Ambulance Victoria did not oppose the application.

The primary legal issue before the Deputy President was whether the UWU's application met the statutory criteria for an extension of the 30-day period, as outlined in section 459(3) of the Fair Work Act 2009. Specifically, the Deputy President needed to determine if the application was made by the applicant for the protected action ballot order, and if the period had not been previously extended.

In examining the application, the Deputy President found that the UWU had fulfilled the conditions set out in the Act. The application was indeed made by the applicant for the protected action ballot order, and there was no record of the period having been extended previously. Given this, the Deputy President concluded that the UWU's application should be granted. Therefore, the 30-day period for the commencement of protected industrial action by eligible UWU members employed by Ambulance Victoria was extended by a further 30 days, effective from 3 April 2024.

United Workers’ Union v Ambulance Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established