v The Australian Red Cross Society Summary

[2024] FWC 1732

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

The Australian Red Cross Society

(B2024/831)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 JULY 2024

Application to extend the 30 day period in relation to B2024/538.

This matter concerns the declaration of the result of a protected action ballot PR775014 held in matter B2024/538 and declared on 5 June 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.

The Australian Red Cross Society 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 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Health Services Union has sought an extension of the 30-day period during which industrial action is authorised by a protected action ballot held under the Fair Work Act 2009. This application was made in relation to matter B2024/538, where the ballot was declared on 5 June 2024. The Australian Red Cross Society, the employer in question, has indicated that it has no objection to the application. The central legal issue before the Commission was whether the Health Services Union had satisfied the statutory criteria under section 459(3) of the Act to extend the 30-day period. The application was made within the required timeframe, and the period had not been previously extended.

The Commission examined the application and found that the statutory requirements were met. Section 459(3) of the Act provides that the Fair Work Commission (FWC) may extend the 30-day period if the applicant for the protected action ballot order applies for the extension and if the period has not already been extended. The Health Services Union had fulfilled both criteria. Additionally, the Australian Red Cross Society's lack of objection supported the application. Therefore, the Deputy President concluded that the application should be granted.

Consequently, the Fair Work 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 Australian Red Cross Society be extended by a further 30 days. This order took effect from 1 July 2024. The decision was based on the clear satisfaction of the statutory requirements and the employer's non-objection to the extension.

v The Australian Red Cross Society

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