v The Jane Franklin Hall

[2024] FWC 3385

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

United Workers' Union

The Jane Franklin Hall

(B2024/1589)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1246.

This matter concerns the declaration of the result of a protected action ballot PR779556 held in matter B2024/1246 and declared on 6 November 2024.

The United Workers' 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 Jane Franklin Hall has advised the Commission that it does 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 4 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the United Workers' Union to extend the 30-day period within which industrial action is authorised by a protected action ballot, as declared in matter B2024/1246. The application is made pursuant to section 459(3) of the Fair Work Act 2009 and concerns the extension of the authorisation period for eligible employees of The Jane Franklin Hall who participated in the ballot. The Jane Franklin Hall has not opposed the application, and the Commission is now required to determine whether the application should be granted.

The central legal issue for the Commission to resolve is whether the application by the United Workers' Union satisfies the requirements set out in section 459(3) of the Fair Work Act 2009. Specifically, the Commission must consider whether the 30-day period for commencing protected industrial action has been applied for by the relevant party and whether this period has not previously been extended. The Commission's task is to examine the application against these statutory criteria to determine if it meets the conditions for an extension.

Upon reviewing the application, the Deputy President concluded that all statutory conditions for an extension had indeed been met. The United Workers' Union had made the required application to the Commission, and the 30-day period in question had not been previously extended. Given these findings, the Deputy President was satisfied that the application should be granted. Consequently, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action by eligible employees of The Jane Franklin Hall be extended by an additional 30 days, effective from 4 December 2024.

This order provides a clear and definitive resolution to the application, ensuring that the Commission's decision is in strict adherence to the provisions of the Fair Work Act 2009. The Commission's ruling provides certainty to both parties and clarifies the timeline within which industrial action may be taken, thus facilitating orderly and lawful industrial relations processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established