Australian Nursing and Midwifery Federation v Ballarat City Council T/A City of Ballarat

[2020] FWC 42

[2020] FWC 42

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Ballarat City Council T/A City of Ballarat
(B2020/5)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 JANUARY 2020

Proposed protected action ballot of employees of Ballarat City Council.

[1] This is an application by Australian Nursing and Midwifery Federation (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Ballarat City Council T/A City of Ballarat (Respondent).

[2] On 3 January 2020, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms L Fitzpatrick of the Applicant 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.

[5] An order has been separately issued in PR715709.

DEPUTY PRESIDENT

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