v Ballarat City Council Summary

[2024] FWC 1354

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

Australian Municipal, Administrative, Clerical and Services Union

Ballarat City Council

(B2024/576)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 MAY 2024

Application to extend the 30 day period in relation to B2024/192.

This matter concerns the declaration of the result of a protected action ballot PR772148 held in matter B2024/192 and declared on 23 April 2024.

The Australian Municipal, Administrative, Clerical and 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 Ballarat City Council 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 23 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Municipal, Administrative, Clerical and Services Union v Ballarat City Council was heard by the Fair Work Commission, specifically Deputy President Hampton, in Adelaide on 23 May 2024. The union had conducted a protected action ballot PR772148 in matter B2024/192, declared on 23 April 2024, and sought to extend the 30-day period within which industrial action could be authorised by that ballot. The Ballarat City Council did not object to the application.

The legal issue at hand was whether the Commission could extend the 30-day period for industrial action as per section 459(3) of the Fair Work Act 2009. This section allows for an extension by up to 30 days if the applicant for the protected action ballot order applies to the Commission for the period to be extended and if the period has not previously been extended. The union argued that all requirements had been met and that the extension should be granted. The Ballarat City Council did not object, and the Deputy President found that the union had satisfied the statutory criteria.

Deputy President Hampton determined that the union's application met the statutory requirements and granted the extension. The decision was based on the union's compliance with the conditions set out in the Act and the absence of any objection from the Ballarat City Council. The 30-day period for the commencement of protected industrial action was thus extended by a further 30 days from 23 May 2024.

v Ballarat City Council

CaseChat Overview and Summary

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Background to the litigation

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