Australian Nursing and Midwifery Federation v Churches of Christ in Queensland operated by its division Churches of Christ Care
[2024] FWC 2766
•4 OCTOBER 2024
| [2024] FWC 2766 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Nursing and Midwifery Federation
v
Churches of Christ in Queensland operated by its division Churches of Christ Care
(B2024/1296)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 4 OCTOBER 2024 |
Proposed protected action ballot of employees of Churches of Christ Care
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 Churches of Christ in Queensland operated by its division Churches of Christ Care (Churches of Christ Care or Employer).
On 3 October 2024, the Commission was advised that the Employer did not object to the Application as amended to confirm the group of employees to be balloted, but it sought to be heard on the proposed ballot question.
In the circumstances, I scheduled a hearing to be conducted today to determine the matter. In the lead up to the hearing the parties continued constructive discussions and ultimately reached a common position on the ballot question. In that light, I have granted leave to amend the application and otherwise dealt with the application on the papers.
On the basis of the material before me,[1] I am satisfied that there is a notification time[2] in relation to the proposed agreement and that all of the requirements in s.443 of the Act have been met. This includes that that the ANMF has been and continues to genuinely seek an agreement with the Employer. I also found that the application and proposed order met the requirements of s.437(3)(b) and s.443(3)(d) of the Act.
On that basis, and given that s.443(2) does not apply, I was obliged by the Act to issue the Order.
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.
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 18 October 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
Clause 14 of the Order has been made consistent with the terms of s.414(2)(a)(i) of the Act. This was done as the parties in the draft had reflected the default period of notice of industrial action (a minimum of 3 working days) set out in that provision, rather than any extended notice under s.443(5) of the Act.
An Order has been separately issued in PR779947.
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] Including the declaration of Madeleine Harradence, Assistant Secretary, ANMF Victorian Branch.
[2] Required by s.437(2A) of the Act.
[3] This is, in effect, 10 working days from the making of the Order and was the specific date sought in the application.
Printed by authority of the Commonwealth Government Printer
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