Australian Nursing and Midwifery Federation v Calvary Health Care Act Limited T/A Calvary Health Care Act Limited

[2013] FWC 5115

[2013] FWC 5115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Calvary Health Care ACT Limited T/A Calvary Health Care ACT Limited; ACT Government as represented by the Health Directorate
(B2013/1067)

COMMISSIONER DEEGAN CANBERRA, 29 JULY 2013

Proposed protected action ballot by employees of ACT Government Health Directorate and Calvary Health Care ACT.

[1] This decision relates to an application made by the Australian Nursing and Midwifery Federation (the Union) on 26 July 2013, for a protected action ballot of employees of the ACT Government Health Directorate and Calvary Health Care ACT (the Employers). The application was made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[2] The representative from ACT Government Health Directorate, Mr Steve Linton, and the representative from Calvary Health Care ACT, Mr Prior, informed my Chambers that they will not be opposing the making of the Order. Accordingly, this matter will be decided on the papers.

[3] The group of employees who are to be balloted are those employees currently covered by the A.C.T. Public Sector Nursing and Midwifery Enterprise Agreement 2011-2013 who are members of the Australian Nursing and Midwifery Federation. Negotiations are currently taking place in relation to a new enterprise agreement.

[4] The relevant section of the Act, s.443, provides as follows:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

(2) FWA must not make a protected action ballot order in relation to a proposed enterprise agreement except in the circumstances referred to in subsection (1).

(3) A protected action ballot order must specify the following:

(a) the name of each applicant for the order;

(b) the group or groups of employees who are to be balloted;

(c) the date by which voting in the protected action ballot closes;

(d) the question or questions to be put to the employees who are to be balloted, including the nature of the proposed industrial action.

[5] I am satisfied that the application has been made under s.437 of the Act and that the Union is genuinely trying to reach an agreement with the Employers of the employees who are to be balloted.

[6] As ss.443(1)(a) and (b) have been complied with, I must make a protected action ballot order, as sought by the Union. An Order [PR539451] to this effect is issued separately.

COMMISSIONER

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