Australian Nursing and Midwifery Federation v Echuca Benevolent Society Inc T/A Echuca Community for the Aged

[2019] FWC 21

[2019] FWC 21

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Echuca Benevolent Society Inc T/A Echuca Community for the Aged
(B2018/1216)

VICE PRESIDENT CATANZARITI SYDNEY, 3 JANUARY 2019

Proposed protected action ballot of employees of Echuca Benevolent Society Inc T/A Echuca Community for the Aged.

[1] This is an application by the Australian Nursing and Midwifery Federation (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Echuca Benevolent Society Inc T/A Echuca Community for the Aged (Respondent).

[2] On 21 December 2018, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms L Fitzpatrick of the Applicant declared on 2 January 2019 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.

[5] An Order has been separately issued in PR703571.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR703572>