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

[2024] FWC 2029

[2024] FWC 2029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Boroondara City Council T/A City Of Boroondara

(B2024/961)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 31 JULY 2024

Proposed protected action ballot of employees of Boroondara City Council

1. This is an application by the Australian Nursing and Midwifery Federation (ANMF or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Boroondara City Council trading as the City of Boroondara (Boroondara City Council or Employer).

1. On 30 July 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended. I observe that following consultation with the parties, one of the ballot questions was subsequently amended to confirm the nature of the action proposed.

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 declaration of Toni Coughlin, Industrial Relations Organiser, setting out the steps taken by the ANMF in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the Boroondara City Council, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR777710.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 10 calendar days from the making of the Order and was the period sought in the application.

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