v Australian Red Cross Society

[2024] FWC 1677

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

Australian Red Cross Society

(B2024/810)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 JUNE 2024

Application to extend the 30 day period in relation to B2024/536.

This matter concerns the declaration of the result of a protected action ballot PR775007 held in matter B2024/536 and declared on 27 May 2024.

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 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.

The Australian Red Cross Society T/A Australian Red Cross Lifeblood 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 matter before the Fair Work Commission involved the Health Services Union and the Australian Red Cross Society. The Union sought to extend the 30-day period within which industrial action could be authorised by a protected action ballot held by the Union. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period by a further 30 days if the requirements of the Act are met and if the period has not already been extended. The Australian Red Cross Society did not object to the application.

The key legal issue for the Commission to determine was whether the requirements of section 459(3) of the Act had been satisfied, thereby justifying an extension of the 30-day period. The Union argued that all the requirements had been met, and the Commission needed to consider this in light of the statutory provisions. The Australian Red Cross Society did not contest the application, which left the Commission to focus on the statutory criteria.

In making its decision, the Commission considered that the application was made within the timeframe stipulated by the Act, and that the 30-day period had not been previously extended. The Commission was satisfied that the requirements of section 459(3) were met, and thus, it was appropriate to grant the application. The absence of any objection from the Australian Red Cross Society further supported the decision to extend the period.

Accordingly, the Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the Australian Red Cross Society be extended by a further 30 days. This order took effect from 26 June 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established