Association of Professional Engineers, Scientists and Managers, Australia v Ramsay Health Care Australia Pty Limited

[2023] FWC 3452

[2023] FWC 3452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia
v

Ramsay Health Care Australia Pty Limited

(B2023/1404)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 DECEMBER 2023

Proposed protected action ballot of employees of Ramsay Health Care Australia Pty Ltd

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Ramsay Health Care Australia Pty Limited (Ramsay or Employer)

1. On 22 December 2023, the Commission was advised that Ramsay, in effect, did not object to the Application, subject to amendments being made to the notice period for industrial action being extended as agreed between the parties. An amended proposed order was subsequently filed, reflecting the above arrangements.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Ms Jessica Hensman on behalf of the APESMA, setting out the steps taken by the APESMA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Ramsay, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 8 February 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. As agreed, and being satisfied that there are relevant exceptional circumstances, the Order provides that under s 443(5) of the Act, the period of written notice for the purposes of s.414(2)(b) to be provided by APESMA to the Employer for the purposes of taking protected industrial action in the form of action listed in questions five (5) and fifteen (15) set out in the Order, is extended to a period of seven (7) working days.

1. I have amended Clauses 1 and 3 of the Applicant’s proposed order to clarify the group of employees to be balloted in line with the Commission’s standard drafting practice. The Order made reflects the substance of the terms sought.

1. An order has been separately issued in PR769749.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Orde which is the period required by the Australian Electoral Commission to conduct a ballot.

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