United Workers' Union v Integrated Clinical Oncology Network Pty Ltd

[2024] FWC 1159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

United Workers’ Union
v

Integrated Clinical Oncology Network Pty Ltd

(B2024/505)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 MAY 2024

Application to extend the 30 day period in relation to B2024/221.

This matter concerns the declaration of the result of a protected action ballot (PR772440) held in matter B2024/221 and declared on 12 April 2024.

The United Workers’ Union (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.

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 contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Integrated Clinical Oncology Network Pty Ltd (Employer) has advised the Commission it has no 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 3 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers’ Union to extend the 30-day period during which industrial action can be taken following a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009 and related to a ballot conducted in matter B2024/221, which was declared on April 12, 2024. The Integrated Clinical Oncology Network Pty Ltd did not oppose the application.

The legal issue before the Commission was whether the statutory conditions for extending the 30-day period for taking industrial action, as stipulated in section 459(3) of the Act, had been met. The Act permits an extension if the applicant for the ballot applies to the Commission for an extension and if the period has not already been extended. The Union argued that all conditions were satisfied and that the period should be extended by a further 30 days.

The Deputy President concluded that the statutory conditions had indeed been met and that the application should be granted. The Deputy President found that the Union had applied for the extension and that the 30-day period had not been previously extended. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the employer be extended by a further 30 days. This extension would take effect from May 3, 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established