Victorian Ambulance Union Incorporated v Summary

[2024] FWC 1037

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

Victorian Ambulance Union Incorporated
v

Ambulance Victoria

(B2024/462)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 APRIL 2024

Application to extend the 30 day period in relation to B2024/124

This matter concerns the declaration of the result of a protected action ballot (PR771487) held in matter B2024/124 and declared on 12 March 2024.

The Victorian Ambulance Union Incorporated (VAUI or Applicant) 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.

Ambulance Victoria has not advised the Commission of 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 23 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Ambulance Union Incorporated (VAUI) sought to extend the 30-day period for industrial action authorised by a protected action ballot, as permitted under section 459(3) of the Fair Work Act 2009. The application was made in relation to the protected action ballot declared on 12 March 2024. Ambulance Victoria did not object to the application. The court's role was to determine whether the statutory requirements for extending the period were satisfied. These requirements include the applicant applying for the extension and that the period had not been previously extended.

The court considered the application under section 459(3) of the Fair Work Act, which allows for a 30-day extension if the relevant criteria are met. The court found that the statutory conditions were fulfilled as the applicant had made the application within the prescribed timeframe and the period had not been previously extended. The court was satisfied that the application should be granted and ordered the 30-day period for the commencement of protected industrial action to be extended by a further 30 days, effective from 23 April 2024.

In light of the above, the court 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 Ambulance Victoria be extended by a further 30 days. This order is effective from 23 April 2024, thereby granting the application by the Victorian Ambulance Union Incorporated.

Victorian Ambulance Union Incorporated v

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