Australian Nursing and Midwifery Federation v South Eastern Private Hospital Pty Ltd and Brunswick Private Hospital Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Nursing and Midwifery Federation
Respondent: South Eastern Private Hospital Pty Ltd and Brunswick Private Hospital Pty Ltd
Ratio
The FWC may extend the 30-day period for commencement of protected industrial action authorized by a protected action ballot by up to a further 30 days where the applicant applies under s.459(3) and the period has not previously been extended. The requirements of s.459(3) were satisfied and the application was unopposed.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Protected action ballot PR785502 was held in matter B2025/502
- The ballot result was declared on 8 April 2025
- The ANMF applied under s.459(3) to extend the 30-day period for commencement of protected industrial action
- The employers (South Eastern Private Hospital and Brunswick Private Hospital) advised they have no objection to the extension
- The 30-day period had not previously been extended
Factors
For
- All relevant requirements of s.459(3) Fair Work Act 2009 were satisfied
- The employers have no objection to the application
- The 30-day period had not previously been extended as required by s.459(3)(b)
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
- Fair Work Act 2009 (Cth) s459(1)(d)(i)
Concept tags · 2
Principles · 1
articulates para 6
The FWC may extend the 30-day period in which industrial action is authorised by a protected action ballot by up to a further 30 days where an applicant applies and the period has not previously been extended.
Archived text (328 words)
1 Fair Work Act 2009 s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot Australian Nursing and Midwifery Federation v South Eastern Private Hospital Pty Ltd and Brunswick Private Hospital Pty Ltd (B2025/642) DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 APRIL 2025 Application to extend the 30 day period in relation to B2025/502. [1] This matter concerns the declaration of the result of a protected action ballot PR785502 held in matter B2025/502 and declared on 8 April 2025. [2] The Australian Nursing and Midwifery Federation 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. [3] 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.” [4] The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] The employers, South Eastern Private Hospital Pty Ltd and Brunswick Private Hospital Pty Ltd have advised the Commission they have no objection to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [7] 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 Employers be extended by a further 30 days. [2025] FWC 1113 DECISION [2025] FWC 1113 2 [8] This order will operate on and from 8 May 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR786295>