v Victorian Institute of Forensic Mental Health Trading as Forensicare

[2025] FWC 1173

[2025] FWC 1173

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

v

Victorian Institute of Forensic Mental Health Trading as Forensicare

(B2025/668)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 29 APRIL 2025

Application to extend the 30 day period in relation to B2025/468.

1. This matter concerns the declaration of the result of a protected action ballot PR785151 held in matter B2025/468 and declared on 26 March 2025.

1. 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.

1. 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.”

1. The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. The Victorian Institute of Forensic Mental Health trading as Forensicare has not advised the Commission of any objection to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. 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.

1. This order will operate on and from 29 April 2025.

DEPUTY PRESIDENT

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