v Victoria University

[2024] FWC 3581

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 Education Union

Victoria University

(B2024/1691)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1401.

This matter concerns the declaration of the result of a protected action ballot PR780699 held in matter B2024/1401 and declared on 26 November 2024.

The Australian Education 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.

Victoria University 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 26 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Education Union has sought an extension to the 30-day period during which industrial action can be taken following a protected action ballot, as declared by the Fair Work Commission (FWC) in matter B2024/1401. This application, pursuant to section 459(3) of the Fair Work Act 2009, was made by the union to extend the period from the date the ballot result was declared on 26 November 2024. The union's application was uncontested by Victoria University, the employer involved. The legal issue before the FWC was whether the requirements of the Fair Work Act for extending the 30-day period had been met, specifically if the period had not been previously extended and if the union had applied for the extension.

The Deputy President Hampton considered the application and found that all conditions outlined in section 459(3) of the Fair Work Act were satisfied. Notably, the union had applied for the extension and there had been no previous extension of the period in question. As Victoria University did not object to the application, the Deputy President concluded that the application should be granted. Consequently, the period for the commencement of protected industrial action was extended by a further 30 days, effective from 26 December 2024. This decision was made in accordance with the statutory provisions, ensuring that the procedural integrity of the application process was upheld.

The final orders of the Fair Work Commission were that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, commencing from 26 December 2024. This extension allows the eligible employees who participated in the ballot to potentially engage in protected industrial action within the extended timeframe. The decision was made with consideration of the statutory requirements and the lack of objection from the employer, ensuring the application process was followed correctly and fairly. This ruling maintains the balance between the rights of the employees to organise and take industrial action and the procedural requirements set out in the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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