v St Vincent's Private Hospitals Ltd T/A St Vincent's Private

[2024] FWC 3425

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

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private

(B2024/1600)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1405.

This matter concerns the declaration of the result of a protected action ballot PR780777 as corrected by PR780783 held in matter B2024/1405 and declared on 11 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.

St Vincent’s Private Hospitals Ltd has advised the Commission that they do not have 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 9 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation applied for an extension of the 30-day period during which industrial action could be authorised by a protected action ballot held in relation to St Vincent’s Private Hospitals Ltd. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension if certain conditions are met, including that the period has not previously been extended. The Federation argued that all necessary conditions were fulfilled, and the period should be extended by an additional 30 days. St Vincent’s Private Hospitals Ltd did not object to the application. The Deputy President, Hampton, determined that the application met the statutory requirements and granted the extension.

The legal issue before the court was whether the 30-day period for the commencement of protected industrial action could be extended in accordance with section 459(3) of the Fair Work Act 2009. The application sought an extension of this period, and the court had to assess whether the requirements of the Act were satisfied. Specifically, the court examined whether the application was made by an applicant for the protected action ballot order, and whether the period had not previously been extended. The Federation argued that both conditions were met, and the court agreed, finding that the application should be granted.

In reaching its decision, the Fair Work Commission considered the statutory provisions and the application submitted by the Australian Nursing and Midwifery Federation. The court noted that St Vincent’s Private Hospitals Ltd had no objections to the application, and it was satisfied that the requirements of the Act had been met. The court determined that the period should be extended by a further 30 days, effective from 9 December 2024. This extension allowed the eligible employees who participated in the ballot to engage in protected industrial action for an additional period. The court’s decision was based on the clear language of the Act and the lack of any objections from the employer.

Pursuant to section 459(3) of the Fair Work Act 2009, the Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. This extension became effective from 9 December 2024, thereby allowing the eligible employees who were subject to the ballot and employed by St Vincent’s Private Hospitals Ltd to engage in protected industrial action for a total of 60 days from the declaration of the ballot result on 11 November 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established