Australian Municipal, Administrative, Clerical and Services Union v Ramsay Health Care Australia Pty Ltd (Queensland)

[2023] FWC 1461

[2023] FWC 1461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Ramsay Health Care Australia Pty Ltd (Queensland)

(B2023/560)

COMMISSIONER SIMPSON BRISBANE, 21 JUNE 2023

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

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU/ the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Ramsay Health Care Australia Pty Ltd (Queensland) (Ramsay/the Respondent).

1. The ASU filed the application on 14 June 2023, accompanied by a Form F34B Statutory Declaration in support of the application signed by Alexander Scott, Branch Secretary employed by the ASU.

1. On 14 June 2023, the Commission’s Bargaining Support Team sent an email to the Respondent asking the Respondent to indicate whether it objected to the application by no later than 12:00PM on 15 June 2023. The parties were advised that if the Respondent objected to the application, the response was to contain details of the basis of the objection, and then outline the statutory basis for its objection.

1. At 11:42AM on 15 June 2023 the Respondent sent correspondence outlining their objections. The matter was then allocated to me and I listed it for a hearing on 19 June 2023. The Applicant sought an adjournment and the hearing was relisted for 20 June 2023.

Objection

1. The Respondent raised a number of objections, which included:

1.   that the ASU have made this application by filing and serving a Form F34 that appears to be dated 14 March 2023 (Application);

2.   that at part 1.2 of the Application, the ASU identifies 3 enterprise agreements in respect of which:

·the ASU is not a bargaining representative for any employees who are currently covered by the second or third of those agreements, being the Ramsay Health Care Pty Ltd t/a Greenslopes Private Hospital Support Services Employees and the Australian Workers Union of Employees – Queensland Enterprise Agreement 2019 – 2022 and the Ramsay Health Care Pty Ltd, the Australian Workers Union and Support Services Employees Enterprise Agreement 2014 – 2018

·the employees who are covered by the above 2 enterprise agreements will not be covered by the proposed enterprise agreement that the Application is in relation to; and

·the ASU has not, and is not genuinely trying to reach an agreement with Ramsay for the purposes of s.443 of the Act.

3.   that at part 2.1 of the Application, the ASU has failed to identify a group of its members that could be the subject of a PABO.

The Hearing

1. At the commencement of the hearing on 20 June 2023 the parties consented to adjourning into conference to attempt to resolve the outstanding issues. In the course of the conference, the parties reached a consent position.

Conclusion

1. On the basis of the material before me, including the declaration of Alexander Scott, Branch Secretary employed by the ASU, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (21 June 2023) has been established by this Commission.

1. An order has been separately issued in PR763379.

1. 
   The Commission will separately issue a Notice of Listing and Orders requiring attendance at a conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

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