United Workers' Union v Regis Aged Care Pty Ltd T/A Regis Aged Care

[2022] FWC 1218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

United Workers’ Union
v

Regis Aged Care Pty Ltd T/A Regis Aged Care

(B2022/446)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 MAY 2022

Application to extend the 30 day period in relation to B2022/236

On 16 May 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, PR740179 made on 8 April 2022. The Order applies to certain employees of Regis Aged Care Pty Ltd T/A Regis Aged Care (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 27 April 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 26 May 2022.

On 18 May 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 26 May 2022, the extension period will operate from 26 May 2022.

An order has been separately issued in PR741740.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the United Workers’ Union to extend the 30-day period for protected action authorized by a ballot order made on 8 April 2022. The application was brought under section 459(3) of the Fair Work Act 2009. The protected action related to certain employees of Regis Aged Care Pty Ltd T/A Regis Aged Care, and the period for protected action was set to expire on 26 May 2022. The union sought an extension of this period, and Regis Aged Care Pty Ltd did not oppose the application.

The legal issue before the Commission was whether the United Workers’ Union had met the requirements for an extension under section 459 of the Fair Work Act 2009. The Act allows for a 30-day period for protected action to be extended if certain conditions are met. These conditions include that the period specified in the Act has not been previously extended, and the union must meet the other requirements set out in the Act. The Commission had to determine whether the union had satisfied these conditions.

The Fair Work Commission determined that the United Workers’ Union had met all the requirements for an extension under section 459 of the Act. The period specified in the Act had not been previously extended, and the union had satisfied the other relevant conditions. Therefore, the Commission granted the application and extended the 30-day period for protected action from 26 May 2022. The extension period began on 26 May 2022.

The Fair Work Commission issued an order extending the 30-day period for protected action from 26 May 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established