v Ambulance Victoria Summary

[2024] FWC 1730

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

Victorian Ambulance Union Incorporated

Ambulance Victoria

(B2024/825)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 JULY 2024

Application to extend the 30 day period in relation to B2024/514.

This matter concerns the declaration of the result of a protected action ballot PR774631 held in matter B2024/514 and declared on 4 June 2024.

The Victorian Ambulance Union Incorporated 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 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Victorian Ambulance Union Incorporated has applied for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application pertains to the protected action ballot PR774631, declared on 4 June 2024, concerning the dispute with Ambulance Victoria. The Union seeks an extension under section 459(3) of the Fair Work Act 2009, which allows for an additional 30 days if the conditions are met and the period has not already been extended.

The primary legal issue the court had to address was whether the requirements set forth in section 459(3) of the Fair Work Act were fulfilled by the Union. These conditions include an application to the Fair Work Commission by the applicant for the protected action ballot order and the confirmation that the period has not been extended previously. The court also had to consider whether Ambulance Victoria had any objections to this extension, which would be necessary to deny the application.

Upon reviewing the application, the court found that the Union had met all the necessary requirements for the extension. Ambulance Victoria did not raise any objections to the application. Consequently, the Deputy President concluded that the application should be granted. The court ruled that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by the Employer should be extended by a further 30 days, effective from 1 July 2024.

v Ambulance Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established