United Workers' Union v I-Med Queensland Pty Ltd T/A I-Med Summary

[2023] FWC 2877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

I-Med Queensland Pty Ltd T/A I-Med

(B2023/1197)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 1 NOVEMBER 2023

Application to extend the 30 day period in relation to B2023/875

This matter concerns the declaration of the result of a protected action ballot (PR765531) held in matter B2023/875 and declared on 4 October 2023.

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.

I-Med Queensland Pty Ltd T/A I-Med (I-Med or 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 UWU members employed by I-Med be extended by a further 30 days.

This order will operate on and from 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application by the United Workers' Union to extend the 30-day period for protected industrial action under section 459 of the Fair Work Act 2009. The application related to a ballot held and declared on 4 October 2023. The union sought an extension of the period during which industrial action could be authorised by the ballot. The respondent, I-Med Queensland Pty Ltd, did not object to the application. The Deputy President, Hampton, accepted the application and granted the extension of the 30-day period by an additional 30 days, effective from 1 November 2023.

The primary legal issue before the Deputy President was whether the application met the statutory requirements to extend the 30-day period for protected industrial action. The application needed to satisfy two conditions under section 459(3) of the Act: an application for the extension had to be made by the union, and the period must not have been extended previously. The Deputy President confirmed that the union had made a valid application, and there was no prior extension of the 30-day period.

The Deputy President found that the union's application fulfilled the statutory criteria for an extension. Since the respondent did not raise any objections, the Deputy President concluded that the application should be granted. The reasoning was straightforward, focusing on the statutory requirements and the absence of any objections. Consequently, the extension was approved, and the 30-day period for protected industrial action was extended by an additional 30 days, starting from 1 November 2023.

This decision resulted in the extension of the 30-day period for protected industrial action for eligible union members employed by I-Med. The order came into effect from 1 November 2023, allowing the union more time to potentially initiate industrial action if deemed necessary. The Fair Work Commission's decision was based on the union's compliance with the statutory requirements and the lack of objections from the respondent.

United Workers' Union v I-Med Queensland Pty Ltd T/A I-Med

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established