Australian Nursing and Midwifery Federation v Calvary Health Care Tasmania Limited

[2023] FWC 1884

[2023] FWC 1884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Calvary Health Care Tasmania Limited

(B2023/769)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 1 AUGUST 2023

Proposed protected action ballot of employees of Calvary Health Care Tasmania Limited

1. This is an application by the Australian Nursing and Midwifery Federation (ANMF) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Calvary Health Care Tasmania Limited (Calvary or Employer). 

1. On 1 August 2023, the Commission was advised that Calvary, in effect, did not object to the Application, subject to amendments being made to the proposed ballot questions. These amendments were made by the ANMF on 1 August 2023, and a revised draft order was provided to both the Commission and Calvary.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing, based on the revised draft order.  

1. On the basis of the material before me, including the declaration of Ms Emily Shepherd, ANMF Branch Secretary, 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 Calvary, 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 the Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of twelve (12) working days from the date of the Order (1 August 2023) has been determined by the Commission. I observe that this is, in effect, the same ballot period proposed[2] in the draft Order.

1. The draft Order was also slightly amended to address some minor obvious errors.[3]

1. An Order has been separately issued in PR764734.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.

[2] The draft order proposed for the protected action ballot to close on 16 August 2023. 

[3] Changes were made to Clauses 3, 5 and 8.2.2.

Printed by authority of the Commonwealth Government Printer

<PR764735>