Australian Nursing and Midwifery Federation v Huon Regional Care Limited T/A Huon Regional Care

[2019] FWC 7994

[2019] FWC 7994

FAIR WORK COMMISSION

DECISION

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

Australian Nursing and Midwifery Federation
v
Huon Regional Care Limited T/A Huon Regional Care
(B2019/1340)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 NOVEMBER 2019

Proposed protected action ballot of employees of Huon Regional Care Limited.

[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 Huon Regional Care Limited T/A Huon Regional Care (Respondent).

[2] On 22 November 2019, 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 statutory declaration of Ms E Shephard 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 PR714555.

DEPUTY PRESIDENT

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<PR714554>