v Australian Red Cross Society T/A Australian Red Cross Lifeblood Summary

[2024] FWC 1618

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

Australian Red Cross Society T/A Australian Red Cross Lifeblood

(B2024/790)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 2024

Application to extend the 30 day period in relation to B2024/537.

This matter concerns the declaration of the result of a protected action ballot PR775016 held in matter B2024/537 and declared on 27 May 2024.

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 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 20 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) has applied to the Fair Work Commission to extend the 30-day period for protected industrial action authorised by a ballot. The application was made in relation to a ballot declared on 27 May 2024, concerning employees of the Australian Red Cross Society T/A Australian Red Cross Lifeblood. The Australian Red Cross has not raised any objection to the application.

The legal issue before the court was whether the requirements under section 459(3) of the Fair Work Act 2009 were met to allow an extension of the 30-day period. Specifically, the court needed to determine if the applicant had applied for the extension and if the period had not previously been extended. Given that APESMA had made the application and no previous extension had been made, the court was satisfied that the statutory conditions were fulfilled.

The Deputy President of the Fair Work Commission, Hampton, concluded that the application should be granted. The court found that all requirements under section 459(3) were met, and therefore, the 30-day period for the commencement of protected industrial action for eligible employees should be extended by an additional 30 days. This extension would commence from 20 June 2024. As a result, the court ordered the extension of the period for the commencement of protected industrial action by the eligible employees.

v Australian Red Cross Society T/A Australian Red Cross Lifeblood

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