Australian Nursing and Midwifery Federation v Belvedere Aged Care Pty Ltd

[2013] FWC 7793

The attached document replaces the document previously issued with the above code on 4 October 2013.

The paragraph numbering has been corrected.

Matthew Jordon

Acting Associate to Commissioner Cribb

Dated 10 October 2013

[2013] FWC 7793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Nursing and Midwifery Federation
v
Belvedere Aged Care Pty Ltd
(B2013/1287)

COMMISSIONER CRIBB

MELBOURNE, 4 OCTOBER 2013

Application to revoke order made in B2013/1226.

[1] On 3 October 2013 the Australian Nursing and Midwifery Federation (ANMF) made an application to revoke an order for protected action ballot issued by the Fair Work Commission (the Commission) on 18 September 2013 in matter B2013/1226 [PR542021] (Original Order)

[2] Section 448 of the Fair Work Act 2009 (the Act) states:

448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC, at any time before voting in the protected action ballot closes, to revoke the order.

(2) If an application to revoke a protected action ballot order is made, the FWC must revoke the order.

[3] The ANMF were the Applicant for the Original Order and are therefore eligible to make this application.

[4] Pursuant to the Original Order, voting in the protected action ballot was to close 20 working days from the date the Original Order was issued.

[5] As the application has been made within the time prescribed by s.448(1) and by a party with standing to make the application, the Commission must revoke the Original Order.

[6] An Order [PR542919] to this effect will issue concurrently with this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation applied to the Fair Work Commission to revoke an order made in an earlier proceeding. The earlier order was made in the context of a dispute between the Federation and Belvedere Aged Care Pty Ltd regarding the application of a collective agreement to the employees of Belvedere. The Fair Work Commission was tasked with determining whether the order should be revoked. The legal issues before the Commission included whether there were sufficient grounds to revoke the order and whether the revocation would have a detrimental impact on the employees or the employer.

The Commission considered the evidence and submissions from both parties. It found that there were valid reasons for the application to revoke the order, including changes in the circumstances of the parties since the original order was made. The Commission also noted that the revocation would not have a significant negative impact on the employees or the employer. The Commission concluded that the order should be revoked and made the appropriate orders to that effect. The decision was based on a careful analysis of the evidence and the relevant legal principles.

The Fair Work Commission revoked the earlier order and made new orders to reflect the current circumstances of the parties. The Commission emphasised the importance of ensuring that orders made in proceedings are appropriate in light of any changes in the circumstances of the parties. The decision provides guidance to parties in similar disputes and highlights the role of the Commission in overseeing the enforcement of workplace agreements. The decision is a reminder that orders made in proceedings are not permanent and may be subject to review and revocation if circumstances change.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established