Australian Nursing and Midwifery Federation v Maribyrnong City Council

[2023] FWC 634

[2023] FWC 634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

Maribyrnong City Council

(B2023/249)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 MARCH 2023

Proposed protected action ballot of employees of Maribyrnong City Council

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 Maribyrnong City Council (Respondent).

1. On 16 March 2023, my Associate was advised that the Respondent did not object to 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 declaration of Ms 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.

1. An order has been separately issued in PR760340.
   

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR760339>