v Boroondara City Council T/A City Of Boroondara Summary

[2024] FWC 2459

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

Boroondara City Council T/A City Of Boroondara

(B2024/1178)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 10 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/961.

This matter concerns the declaration of the result of a protected action ballot PR777710 held in matter B2024/961 and declared on 12 August 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.

Boroondara City Council trading as City of Boroondara 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 10 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application from the Australian Nursing and Midwifery Federation to extend the 30-day period for protected industrial action authorised by a protected action ballot. The application was in relation to a ballot held in matter B2024/961 and declared on 12 August 2024. The Boroondara City Council, trading as City of Boroondara, did not object to the application. The Commission was required to determine whether the application met the criteria set out in section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are satisfied.

The legal issues before the Commission were whether the application complied with the requirements of section 459(3) of the Act. Specifically, the Commission needed to ascertain if the applicant had applied for the extension, and if the period had not already been extended previously. The application clearly stated that both conditions were met. The Commission also had to consider any relevant factors that might influence the decision, such as the potential impact on the employer and the public interest in avoiding prolonged industrial action.

The Deputy President of the FWC, Hampton, concluded that the application met the statutory criteria and granted the extension. The Commission found that the Australian Nursing and Midwifery Federation had applied for the extension within the required timeframe and that the period had not been extended before. Given that the employer did not object to the application, the Commission determined that the extension was appropriate. Consequently, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 10 September 2024.

v Boroondara City Council T/A City Of Boroondara

CaseChat Overview and Summary

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Background to the litigation

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