Australian Nursing and Midwifery Federation v Greater Bendigo City Council T/A City of Greater Bendigo

[2025] FWC 218

[2025] FWC 218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Greater Bendigo City Council T/A City of Greater Bendigo

(B2025/151)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 JANUARY 2025

Proposed protected action ballot of employees of Greater Bendigo City Council

1. 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 Greater Bendigo City Council (Bendigo Council or Employer).

1. On 21 January 2025, the Commission was advised that the Employer objected to question 12 of the proposed ballot questions set out in clause 5 of the draft order. Bendigo Council indicated their objection would be resolved if the proposed ban excluded meetings related to safety. The ANMF subsequently agreed to exclude meetings about safety.

1. I have granted leave to amend the application to adopt a revised question 12 to reflect the understanding reached between the parties.

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 Loretta Marchesi, Industrial Relations Organiser, 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 Bendigo Council, 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 Vero Engagement and 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.

1. 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 6 February 2025.[1] I observe that the ANMF sought a shorter ballot period and relied upon the fact that an electronic vote as proposed could be conducted in that timeframe. I accept this, however there are broader considerations confirmed in decisions of the Commission.[2] I have had regard to all of the circumstances in determining this aspect of the matter. This date also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR783605.

1. 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] This is, in effect, 9 working days from the making of the Order.

[2] Including Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nilsen (NSW) Pty Ltd[2023] FWCFB 134.

Printed by authority of the Commonwealth Government Printer

<PR783606>