Australian Medical Association (ACT) Limited T/A AMA Act v Australian Capital Territory Government

[2024] FWC 2519

[2024] FWC 2519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Medical Association (ACT) Limited T/A AMA ACT
v

Australian Capital Territory Government

(B2024/1204)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 17 SEPTEMBER 2024

Proposed protected action ballot of employees of the Australian Capital Territory Government

1. This is an application by the Australian Medical Association (ACT) Limited trading as AMA ACT (AMA ACT 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 Australian Capital Territory Government (ACT Government or Employer).

1. On 13 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended to clarify the group of employees to be balloted. I also observe that ballot question 1 was amended following an issue being raised by the Commission.

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 Peter Somerville, Chief Executive Officer, setting out the steps taken by the AMA ACT in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the ACT Government, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 4 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of five (5) working days applies to the specific items listed within Clause 15 of the Order. 

1. An Order has been separately issued in PR779267.

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 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, 13 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

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