v RSL Care RDNS Limited T/A Bolton Clarke

[2024] FWC 2096

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

RSL Care RDNS Limited T/A Bolton Clarke

(B2024/991)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 AUGUST 2024

Application to extend the 30 day period in relation to B2024/783.

This matter concerns the declaration of the result of a protected action ballot PR776216 held in matter B2024/783 and declared on 11 July 2024.

The Health 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.

RSL Care RDNS Limited T/A Bolton Clarke 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 7 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Health Services Union applied for an extension of the 30-day period for protected industrial action authorised by a protected action ballot, PR776216, which was declared on 11 July 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Fair Work Commission to extend the 30-day period by up to 30 days if the applicant for the protected action ballot order applies for the extension and the period has not previously been extended. The respondent, RSL Care RDNS Limited T/A Bolton Clarke, did not object to the application.

The key legal issue for the Commission was whether the application met the requirements of section 459(3) of the Act. The Health Services Union argued that the application met all the requirements, and the period should be extended by a further 30 days. The Commission examined the application and found that the requirements were met. The Commission also noted that the respondent had not raised any objections to the application.

The Fair Work Commission, after considering the application and the respondent's lack of objection, was satisfied that the requirements of section 459(3) of the Act had been met. The Commission ordered 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. The order will take effect from 7 August 2024. This decision ensures that the union has additional time to pursue its industrial action if necessary, while also considering the employer's position.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established