v The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales Summary

[2025] FWC 69

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 Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales

(B2025/16)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JANUARY 2025

Application to extend the 30 day period in relation to B2024/1582.

This matter concerns the declaration of the result of a protected action ballot PR781988 held in matter B2024/1582 and declared on 18 December 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 Royal Society for the Prevention of Cruelty to Animals; New South Wales trading as RSPCA New South Wales 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 16 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the case of United Workers' Union v The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales, was presented with an application to extend the 30-day period for which industrial action was authorised by a protected action ballot. The Union sought an extension under section 459(3) of the Fair Work Act 2009, with the RSPCA New South Wales indicating no objection to the application. The central issue before the Deputy President was whether the application met the statutory criteria for an extension, specifically if the period had not previously been extended and if the Union had made the application to the Commission.

The Deputy President reviewed the application and confirmed that all conditions of section 459(3) were satisfied. Given the absence of any opposition from the RSPCA New South Wales, the Deputy President found that the application was valid and should be granted. The decision was grounded on the statutory provision allowing for an extension of the 30-day period by up to 30 days, provided the conditions were met, which they were in this case.

In light of the findings, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees under the ballot be extended by a further 30 days, effective from 16 January 2025. This decision was made in accordance with the provisions of section 459(3) of the Act, ensuring that the rights and processes outlined within the Fair Work Act were upheld.

v The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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