United Workers' Union v Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service

[2022] FWC 715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service

(B2022/248)

VICE PRESIDENT CATANZARITI

BRISBANE, 30 MARCH 2022

Application to extend the 30 day period in relation to B2021/1291

On 28 March 2022, the United Workers’ 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, PR737305, made on 6 January 2022, and varied on 24 February 2022 [PR738663]. The Order applies to certain employees of Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 9 March 2022. 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 7 April 2022.

On 29 March 2022, the Respondent advised the Commission via email that it does not oppose the United Workers’ 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.

In addressing s.459(3) of the Act, this application is made by the United Workers’ 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.

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 7 April 2022, the extension period will operate from 7 April 2022.

An order has been separately issued in PR739870.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the United Workers' Union to extend the period during which protected industrial action could be taken by certain employees of Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service. The application was pursuant to section 459(3) of the Fair Work Act 2009. The initial period for protected action, authorised by a protected action ballot order, was set to expire on 7 April 2022. The Union sought a 30-day extension of this period. The Danila Dilba Health Service did not oppose the application.

The key legal issue before the Commission was whether the application met the requirements of section 459 of the Act, specifically whether the conditions for an extension were satisfied. Given that the initial 30-day period had not been previously extended and the Union had followed the correct procedural steps, the Commission needed to determine if the application was appropriate and warranted an extension. The Respondent's lack of opposition to the application was also a significant factor in the Commission's decision-making process.

The Fair Work Commission, after reviewing the documentation and considering that the initial 30-day period had not been extended before, found that the Union's application met the statutory requirements. The Commission was satisfied that all relevant criteria under section 459 of the Act had been met and that an extension was appropriate. Consequently, the Commission granted the application, extending the period for protected action from 7 April 2022. The extension was set to commence on 7 April 2022, thereby providing an additional 30 days for the Union to undertake the authorised industrial action.

The Commission issued an order in PR739870 to reflect the decision, thereby formalising the extension of the protected action period. The Danila Dilba Health Service was not opposed to the extension, and thus the Commission's decision was based on the merits of the application and the supporting documentation provided by the United Workers' Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established