Australian Nursing and Midwifery Federation v Healthe Care Lingard Pty Ltd

[2023] FWC 471

[2023] FWC 471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

Healthe Care Lingard Pty Ltd

(B2023/161)

VICE PRESIDENT CATANZARITI SYDNEY, 24 FEBRUARY 2023

Proposed protected action ballot of employees of Healthe Care Lingard Pty Ltd

1. This is an application by the Australian Nursing and Midwifery Federation – New South Wales Branch (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 Healthe Care Lingard Pty Ltd (Respondent).

1. On 23 February 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Cameron Maxwell Stockley Smith of the Applicant declared on 22 February 2023, 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 PR751178.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR751179>