Australian Nursing and Midwifery Federation v Macedon Ranges Shire Council

[2022] FWC 2679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

Macedon Ranges Shire Council

(B2022/1513)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 6 OCTOBER 2022

Proposed protected action ballot of employees of Macedon Ranges Shire Council

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 Macedon Ranges Shire Council (Respondent).

On 5 October 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Ms Cassia Drever-Smith 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

An order has been separately issued in PR746511.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation (Applicant) filed an application against the Macedon Ranges Shire Council (Respondent) under section 437 of the Fair Work Act 2009. The Applicant sought a protected action ballot order concerning specific employees of the Respondent. The matter was brought forward on 5 October 2022, with the Respondent indicating no objection to the application. Consequently, the Deputy President determined the matter on the available papers without a hearing.

The legal issues in this case centred around whether the Australian Nursing and Midwifery Federation had genuinely attempted to reach an agreement with the Macedon Ranges Shire Council and if the notification time for the proposed agreement was appropriately observed. The court had to assess if the statutory requirements outlined in section 443(1) of the Fair Work Act 2009 were satisfied. This assessment was based on the declaration provided by Ms Cassia Drever-Smith of the Applicant, which detailed the bargaining efforts and the ongoing attempts to reach an agreement with the Respondent.

The Deputy President concluded that the requirements of the Fair Work Act 2009 had been met, as evidenced by the declaration of Ms Cassia Drever-Smith and the Applicant's genuine efforts in bargaining with the Respondent. Given the information presented, the court was satisfied that a notification time for the proposed agreement existed and that the statutory conditions were fulfilled. Consequently, the court issued an order permitting the protected action ballot to proceed.

In summary, the Fair Work Commission granted the application by the Australian Nursing and Midwifery Federation to hold a protected action ballot for the specified employees of the Macedon Ranges Shire Council. This decision was grounded in the evidence of genuine bargaining efforts and compliance with the statutory notification time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established