v Ambulance Victoria

[2024] FWC 1676

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

Ambulance Victoria

(B2024/816)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 JUNE 2024

Application to extend the 30 day period in relation to B2024/528.

This matter concerns the declaration of the result of a protected action ballot PR774933 held in matter B2024/528 and declared on 31 May 2024.

The United Workers' 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 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.

Ambulance Victoria 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 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 26 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union lodged an application with the Fair Work Commission (FWC) seeking an extension of the 30-day period for the commencement of protected industrial action, as authorised by a protected action ballot held in relation to Ambulance Victoria. The application was brought pursuant to section 459(3) of the Fair Work Act 2009 (the Act). Ambulance Victoria did not object to the application. The application sought an extension of the period in which industrial action could be taken, arguing that all requirements under the Act had been fulfilled and that the extension should be granted.

The primary legal issue before the FWC was whether the conditions specified in section 459(3) of the Act had been satisfied. This involved verifying that the Union had applied to the FWC for an extension and that the period had not previously been extended. Section 459(3) of the Act grants the FWC the authority to extend the 30-day period by up to 30 days if certain criteria are met. The Union argued that both conditions were met, and Ambulance Victoria had no objections to the application.

In considering the application, the FWC assessed whether the statutory requirements had been met and whether there were any grounds to deny the extension. The Deputy President found that the Union had correctly applied for the extension and that the 30-day period had not been previously extended. Given that Ambulance Victoria had no objections, the Deputy President concluded that the application should be granted, and the period extended by a further 30 days.

The FWC ordered that the 30-day period for the commencement of protected industrial action for eligible employees be extended by a further 30 days, effective from 26 June 2024. This decision allows eligible employees to continue their industrial action under the protection of the Act for an additional period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established