v Alfred Health & Others

[2024] FWC 1916

[2024] FWC 1916

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

Association of Professional Engineers, Scientists and Managers, Australia

v

Alfred Health & Others

(B2024/898)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 JULY 2024

Application to extend the 30 day period in relation to B2024/722.

1. This Decision concerns the declaration of the results of 11 protected action ballots outlined in Annexure A that were conducted in matter B2024/722 and declared on 21 June 2024.

1. Each of these protected action ballots relate to Victorian public health employers, 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 2 April 2024 (collectively the Employers)

1. The Association of Professional Engineers, Scientists and Managers, Australia 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.

1. 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.”

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

1. 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.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. 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.

1. This order will operate on and from 23 July 2024.

DEPUTY PRESIDENT

Annexure A

Employer name on the relevant application	Original PABO print number
Alfred Health	PR775694
Austin Health	PR775695
Barwon Health	PR775696
Goulburn Valley Health	PR775698
Melbourne Health	PR775699
Monash Health	PR775700
Peter MacCallum Cancer Institute	PR775702
Royal Children’s Hospital	PR775703
Royal Women’s Hospital	PR775704
South West Healthcare	PR775707
Western Health	PR775705

[1] B2024/161.

Printed by authority of the Commonwealth Government Printer

<PR777219>