Australian Municipal, Administrative, Clerical and Services Union, Qld Together Branch v Ramsay Professional Services Pty Limited Summary

[2023] FWC 1638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union, Qld Together Branch
v

Ramsay Professional Services Pty Limited

(B2023/677)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JULY 2023

Proposed protected action ballot of employees of Ramsay Professional Services Pty Limited

This is an application by the Australian Municipal, Administrative, Clerical and Services Union, Qld Together Branch (ASU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Ramsay Professional Services Pty Limited (Ramsay Professional Services or Respondent).

On 6 July 2023, the Commission was advised that the Respondent did not object to the application and proposed orders as amended through agreement by the parties.

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

On the basis of the material before me, including the declaration of Mr Michel Thomas, ASU Assistant Secretary, setting out the steps taken by the ASU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Ramsay Professional Services, 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.

The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (3 July 2023) has been established by this Commission.[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) of the Act to be provided by the ASU to the Respondent for the taking of protected industrial action specified by Question 10 of clause 5 set out in the order, is extended to a period of seven (7) calendar days.

An order has been separately issued in PR763969.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance 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] 1This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union, Qld Together Branch (ASU) applied to the Fair Work Commission for a protected action ballot order in relation to employees of Ramsay Professional Services Pty Limited. The application was made under section 437 of the Fair Work Act 2009. The respondent, Ramsay Professional Services, did not object to the application and the proposed orders as amended by agreement of the parties. Consequently, the matter was determined on the papers without a hearing.

The key legal issue before the Commission was whether the ASU had satisfied the requirements of section 443(1) of the Fair Work Act. Specifically, the Commission needed to determine whether the ASU had genuinely attempted to reach agreement with Ramsay Professional Services and whether the notification period for the proposed agreement was in place. The ASU provided a declaration by its Assistant Secretary, Mr Michel Thomas, which outlined the bargaining steps taken and confirmed that the union had genuinely tried to reach an agreement. The Commission was satisfied that the declaration met the statutory requirements.

The Commission found that the ASU had met the necessary criteria for the application. The ASU had demonstrated its genuine attempts to reach an agreement and the notification period was in place. Consequently, the application was approved, and an order was issued. The ballot was to be conducted by the Australian Electoral Commission, with a ballot period of 30 working days from the date of the Order. The notice period for protected industrial action was extended to seven calendar days due to exceptional circumstances. Another member of the Commission will conduct the s.448A conference and issue the necessary Order and Directions.

The final orders issued by the Commission included the approval of the protected action ballot, the establishment of a 30-working-day ballot period, and the extension of the notice period for protected industrial action to seven calendar days. Additionally, another member of the Commission will oversee the s.448A conference and issue further Orders and Directions as necessary.

Australian Municipal, Administrative, Clerical and Services Union, Qld Together Branch v Ramsay Professional Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established