Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Queensland Fertility Group Pty Ltd, The Trustee for QFH Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, IVF Sunshine Coast Pty Ltd

Application to extend the 30 day period in relation to B2025/781.

• [1] This matter concerns the declaration of the result of a protected action ballot PR787333 held in matter B2025/781 and declared on 28 May 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] The application cited one of the respondents as Spring Hill Specialist Day Hospital Pty Ltd. The relevant respondent in the protected action ballot order was The Trustee for QFG Day Theatres Unit Trust. This entity was corrected as part of making the earlier order and is consistent with the relevant ABN data base. As a result, this Order has been made to reflect the corrected respondent.

• [4] 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

• [5] The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

• [6] The Queensland Fertility Group Pty Ltd, The Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, IVF Sunshine Coast Pty Ltd (collectively the Respondent) has advised the Commission it has no objection to this application.

• [7] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

• [8] 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.

• [9] This order will operate on and from 26 June 2025.

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