Australian Nursing and Midwifery Federation v Brimbank City Council

[2018] FWC 4697

[2018] FWC 4697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation

v

Brimbank City Council

(B2018/679)

Commissioner Wilson MELBOURNE, 10 AUGUST 2018

Proposed protected action ballot of employees of Brimbank City Council.

1. This is an application for a protected action ballot order by Australian Nursing and Midwifery Federation (ANMF) in relation to certain employees employed by Brimbank City Council whose employment is presently covered by the Brimbank City Council Enterprise Agreement No. 7, 2014[1], (the Agreement), the nominal expiry date of which is 28 February 2018.

1. The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

1. On 2 August 2018 the Respondent notified the Commission that it did not object to the application.

1. In the circumstances and with consent of the parties, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Ms Lisa 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.

COMMISSIONER

<PR609832>

[1] AE412401.

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