v Healthscope Operations Pty Ltd

[2024] FWC 3299

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

Healthscope Operations Pty Ltd

(B2024/1555)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 28 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1353.

This matter concerns the declaration of the result of a protected action ballot PR780330 held in matter B2024/1353 and declared on 28 October 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.

Healthscope Operations Pty Ltd 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 26 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation applied to the Fair Work Commission to extend the 30-day period in which industrial action is authorised by a protected action ballot held in relation to Healthscope Operations Pty Ltd. The application seeks an extension of the authorisation period under section 459(3) of the Fair Work Act 2009. Healthscope Operations Pty Ltd has indicated it has no objection to the application. The central legal issue before the Commission was whether the application met the statutory requirements for an extension, and if so, whether the extension should be granted.

The Commission considered the statutory requirements outlined in section 459(3) of the Act, which allows for an extension 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 Commission determined that the application met these requirements. Given the applicant had applied for the extension and that the period had not been previously extended, the Commission was satisfied that the requirements were met. Healthscope's lack of objection further supported the granting of the application.

Consequently, the Deputy President ruled that the 30-day period for the commencement of protected industrial action should be extended by a further 30 days. The extension would commence on 26 November 2024. This decision ensures that the employees involved can continue to be protected under the extended authorisation period, thereby maintaining the integrity of the protected action ballot process. The order reflects the Commission’s consideration of both the statutory requirements and the practical implications of the extension.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established