v City of Hobart Summary

[2024] FWC 2852

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

City of Hobart

(B2024/1340)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1102.

This matter concerns the declaration of the result of a protected action ballot PR778756 held in matter B2024/1102 and declared on 13 September 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 City of Hobart 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 14 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR780247>

CaseChat Overview and Summary

In the matter of Australian Municipal, Administrative, Clerical and Services Union versus City of Hobart, the Fair Work Commission addressed an application to extend the 30-day period during which industrial action was authorised by a protected action ballot. The matter arose from the declaration of the result of a protected action ballot held on 13 September 2024, and the Union sought an extension of the 30-day period under section 459(3) of the Fair Work Act 2009. The Union argued that the statutory requirements for the extension were met, and the City of Hobart did not object to the application.

The court was tasked with determining whether the application met the criteria set out in section 459(3) of the Act, specifically whether the applicant had applied for the extension within the stipulated time frame and whether the period had not been extended before. The Union asserted that both conditions were fulfilled, and thus the extension should be granted. The City of Hobart's lack of opposition further supported the application.

Upon reviewing the application and the relevant statutory provisions, the Deputy President found that the Union's application satisfied the necessary conditions. Consequently, the Deputy President granted the application and extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 14 October 2024.

v City of Hobart

CaseChat Overview and Summary

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Background to the litigation

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