v Tas IVF Pty Ltd Summary

[2024] FWC 2176

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

Tas IVF Pty Ltd

(B2024/1037)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2024

Application to extend the 30 day period in relation to B2024/860.

This matter concerns the declaration of the result of a protected action ballot PR776795 held in matter B2024/860 and declared on 24 July 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.

Tas IVF 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 15 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation sought to extend the period during which industrial action could be undertaken following a protected action ballot. The application was brought before the Fair Work Commission, the relevant body under the Fair Work Act 2009, to extend the 30-day period allowed for protected action. The employer, Tas IVF Pty Ltd, did not object to the application.

The legal issue before the Commission was whether the application met the statutory requirements to extend the period for protected industrial action. The applicant needed to demonstrate that the requirements of section 459(3) of the Act were met, namely that an application for an extension had been made and that the period had not already been extended. The Commission was required to determine whether these conditions had been satisfied.

The Commission found that the requirements of the Act had been met. The applicant had applied for an extension, and there was no evidence that the period had been previously extended. The employer had also not objected to the application. The Deputy President was satisfied that the application met the statutory requirements, and thus the application was granted. The 30-day period for protected industrial action was extended by a further 30 days.

The Fair Work Commission ordered that the 30-day period for protected industrial action be extended by a further 30 days, from the date of the order, August 15, 2024. This extension would allow eligible employees who were subject to the ballot and employed by Tas IVF Pty Ltd to undertake industrial action for an additional 30 days.

v Tas IVF Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established