Australian Nursing and Midwifery Federation v Diabetes Victoria

[2023] FWC 1075

[2023] FWC 1075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation

v

Diabetes Victoria

(B2023/407)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 MAY 2023

Proposed protected action ballot of employees of Diabetes Victoria.

1. This is an application by the Australian Nursing and Midwifery Federation (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Diabetes Victoria (Respondent).

1. On 6 May 2023, my Associate was advised that the Respondent did not object to the application.

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 Mr Brendan Soraghan 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.

1. An order has been separately issued in PR761683.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761684>