v Healthe Care Valley Pty Ltd, Hobson Healthcare Werribee Pty Ltd, Hobson Healthcare Sydenham Pty Ltd Summary

[2024] FWC 3453

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

Healthe Care Valley Pty Ltd, Hobson Healthcare Werribee Pty Ltd, Hobson Healthcare Sydenham Pty Ltd

(B2024/1613)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1386.

This matter concerns the declaration of the result of a protected action ballot PR780541 held in matter B2024/1386 and declared on 5 November 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.

Healthe Care Valley Pty Ltd, Hobson Healthcare Werribee Pty Ltd, and Hobson Healthcare Sydenham Pty Ltd have 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 4 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 in which industrial action is authorised by a protected action ballot for employees of Healthe Care Valley Pty Ltd, Hobson Healthcare Werribee Pty Ltd, and Hobson Healthcare Sydenham Pty Ltd. The Commission is required to consider the application under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if the applicant requests it and the period has not previously been extended. The applicants argue that the conditions for an extension are met and that the period should be extended by a further 30 days.

The legal issue before the Commission was whether the application met the statutory criteria for extending the 30-day period. The Commission had to consider whether the applicant had applied for the extension and whether the period had not been previously extended. The Commission noted that the respondents had not objected to the application. The Deputy President of the Commission found that the requirements of the Act were satisfied, as the application had been made and the period had not been extended before. Therefore, the application was deemed to meet the statutory criteria for an extension.

The Commission granted the application, ordering that the 30-day period for the commencement of protected industrial action be extended by a further 30 days, effective from 4 December 2024. This decision was based on the finding that the application met the statutory requirements, and no objections were raised by the respondents. The extension provides additional time for the parties to negotiate and potentially resolve the underlying issues that led to the protected action ballot.

v Healthe Care Valley Pty Ltd, Hobson Healthcare Werribee Pty Ltd, Hobson Healthcare Sydenham Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established