Australian Nursing and Midwifery Federation v Fresenius Medical Care

[2020] FWC 5939

[2020] FWC 5939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v
Fresenius Medical Care
(B2020/684)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 NOVEMBER 2020

Proposed protected action ballot of employees of Fresenius Medical Care.

[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 Fresenius Medical Care (Respondent).

[2] On 5 November 2020, my Associate was advised that the Respondent did not object to 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 declaration of Lisa Fitzpatrick 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.

[5] An order has been separately issued in PR724312.

DEPUTY PRESIDENT

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