v Baptcare Ltd T/A Baptcare Karingal Community Care Summary

[2024] FWC 3529

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 Nursing and Midwifery Federation

Baptcare Ltd T/A Baptcare Karingal Community Care

(B2024/1651)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1465.

This matter concerns the declaration of the result of a protected action ballot PR781285 held in matter B2024/1465 and declared on 2 December 2024.

The Australian Nursing and Midwifery Federation 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.

Baptcare Ltd T/A Baptcare Karingal Community Care has advised the Commission it has no 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 18 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot for employees of Baptcare Ltd T/A Baptcare Karingal Community Care. The application was made pursuant to section 459(3) of the Fair Work Act 2009, seeking an extension of the period by up to 30 days, as permitted by the Act. Baptcare Ltd has indicated no objection to the application.

The key legal issue before the Deputy President was whether the application met the statutory criteria for an extension, specifically that it had been made by an applicant for the protected action ballot order, and that the period had not been extended previously. The Deputy President found that the application met both criteria, as the Australian Nursing and Midwifery Federation had indeed made the application, and the 30-day period had not been extended before. The Deputy President was satisfied that the application should be granted in accordance with section 459(3) of the Fair Work Act.

The Deputy President ordered 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 Baptcare Ltd be extended by a further 30 days, effective from 18 December 2024. This decision ensures that the eligible employees have the opportunity to continue their industrial action for a total of 60 days from the date of the protected action ballot declaration, provided all legal requirements are met during this period.

v Baptcare Ltd T/A Baptcare Karingal Community Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established