v Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare and Swan Hill District Health Summary

[2025] FWC 100

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

Health Services Union

Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare and Swan Hill District Health

(B2025/24)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1551

This Decision concerns the declaration of the results of 8 protected action ballots outlined in Annexure A that were conducted in matter B2024/1551 and declared on 11 December 2024.

Each of these protected action ballots relate to Victorian dental health employers, also listed in Annexure A, that are authorised to bargain together by way of a Single Interest Employer Authorisation[1] (Authorisation) issued by the Fair Work Commission on 19 June 2024 (collectively the Employers)

The Health Services Union 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 ballots.

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.

The Victorian Hospitals’ Industrial Association, which is authorised to act on behalf of

each of the Employers, has advised the Commission that it does not object to the 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 ballots set out in Annexure A and are employed by the relevant Employers, be extended in each case by a further 30 days.

This order will operate on and from 13 January 2025.

DEPUTY PRESIDENT

Annexure A

Employer name on the relevant application	Original PABO print number
Albury Wodonga Health	PR781712
Barwon Health	PR781713
Dental Health Services Victoria	PR781727
Grampians Health	PR781714
Monash Health	PR781716
Northeast Health Wangaratta	PR781717
South West Healthcare	PR781718
Swan Hill District Health	PR781719

[1] B2024/723 and PR776072.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Health Services Union to extend the 30-day period for industrial action, which was authorised by protected action ballots conducted among eligible employees of eight Victorian dental health employers. The employers involved include Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare, and Swan Hill District Health. The application was made under section 459(3) of the Fair Work Act 2009, seeking an extension of the time limit for the industrial action. The Victorian Hospitals’ Industrial Association, representing the employers, did not oppose the application.

The legal issue before the Fair Work Commission was whether the 30-day period for industrial action could be extended in accordance with section 459(3) of the Act. The application was made by the Health Services Union, and the relevant requirements of the Act were met. The Commission had to determine if the period had not been extended previously, which it was not, and whether the application was made by an applicant for the protected action ballot order, which it was. The Victorian Hospitals’ Industrial Association did not object to the application, further supporting the request for an extension.

The Deputy President of the Fair Work Commission, Hampton, found that all the requirements for extending the period were satisfied. The application was made within the stipulated timeframe, and the 30-day period had not been extended before. Given the lack of opposition from the Victorian Hospitals’ Industrial Association, the Deputy President was satisfied that the application should be granted. Therefore, the 30-day period for the commencement of protected industrial action was extended by a further 30 days for the eligible employees who were subject to the ballots. This extension took effect from 13 January 2025.

v Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare and Swan Hill District Health

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established