Australian Nursing and Midwifery Federation v

Case [2022] FWC 2188


[2022] FWC 2188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

Queensland Diagnostic Imaging Pty Ltd

(B2022/1205)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 AUGUST 2022

Proposed protected action ballot of employees of Queensland Diagnostic Imaging Pty Ltd

  1. This is an application by the Australian Nursing and Midwifery Federation (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Queensland Diagnostic Imaging Pty Ltd (Respondent).

  1. On 17 August 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

  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 statutory declaration of Christopher Murray of the Applicant declared on 9 August 2022, 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 the requirements in s.443(1) of the Act have been met.

  1. An Order has been separately issued in PR744893.


VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744894>

Details
AGLC
Australian Nursing and Midwifery Federation v [2022] FWC 2188
Case
[2022] FWC 2188
Decision Date

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation sought an order for a protected action ballot from the Fair Work Commission against Queensland Diagnostic Imaging Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The dispute centred around the Federation's proposed industrial action by employees of Queensland Diagnostic Imaging Pty Ltd. The Commission was notified that Queensland Diagnostic Imaging Pty Ltd did not oppose the application.

The central legal issue was whether the Australian Nursing and Midwifery Federation had met the statutory requirements to hold a protected action ballot. This involved establishing that the Federation had genuinely attempted to reach an agreement with Queensland Diagnostic Imaging Pty Ltd, as required by section 443(1) of the Fair Work Act 2009. Additionally, the Commission needed to determine if there was a notification period in relation to the proposed agreement.

The Vice President, Catanzariti, determined the matter on the papers without a hearing due to the absence of opposition from Queensland Diagnostic Imaging Pty Ltd. The decision was based on the statutory declaration provided by Christopher Murray of the Federation, which detailed the bargaining process and demonstrated the Federation's genuine efforts to reach an agreement. The Vice President concluded that the statutory requirements had been met, thereby allowing the protected action ballot to proceed. Consequently, an order was issued in accordance with the application.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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