v Melbourne City Mission T/A Melbourne City Mission

[2024] FWC 1414

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

Health Services Union, Jessica Gailitis

Melbourne City Mission T/A Melbourne City Mission

(B2024/707)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 MAY 2024

Application to extend the 30 day period in relation to B2024/455.

This matter concerns the declaration of the result of a protected action ballot PR773703 held in matter B2024/455 and declared on 10 May 2024.

The Health Services Union Victoria No.3 Branch and Victoria No.4 Branch and Jessica Gailitis 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.

Melbourne City Mission 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 30 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Health Services Union, Victoria No.3 Branch and Victoria No.4 Branch and Jessica Gailitis to extend the 30-day period in which industrial action is authorised by a protected action ballot. The dispute arose from the result of a ballot PR773703, which was declared on 10 May 2024, in matter B2024/455. The Health Services Union sought an extension of the period for commencing industrial action under section 459(3) of the Fair Work Act 2009, which allows for an extension of up to 30 days if certain conditions are met. Melbourne City Mission, the employer, did not object to the application.

The legal issues before the Commission were whether the Health Services Union had met the requirements set out in section 459(3) of the Fair Work Act 2009 for extending the 30-day period and if the application should be granted. Section 459(3) requires that the applicant for the protected action ballot order applies to the Fair Work Commission for the period to be extended and that the period has not previously been extended. The Commission needed to determine if these conditions were satisfied in this case.

In making its decision, the Fair Work Commission considered the application and the lack of objection from Melbourne City Mission. The Commission concluded that the requirements of the Act were met as the applicant had applied for the extension and the period had not previously been extended. The Commission was satisfied that the application should be granted and ordered the extension of the 30-day period by a further 30 days. This order was to take effect from 30 May 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established