Australian Nursing and Midwifery Federation v Adelaide Fertility Centre Pty Ltd T/A Repromed

[2017] FWC 4095

[2017] FWC 4095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v
Adelaide Fertility Centre Pty Ltd T/A Repromed
(B2017/694)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 4 AUGUST 2017

Proposed protected action ballot of employees of Adelaide Fertility Centre Pty Ltd T/A Repromed

[1] This is an application dated 4 August 2017 by the Australian Nursing and Midwifery Federation (the Applicant) made under section 437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Adelaide Fertility Centre Pty Ltd T/A Repromed (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr Rogan McMahon of the Applicant dated 1 August 2017 setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the Act.

[6] An order in conformity with the Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

 1   PR595124

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