Australian Nursing and Midwifery Federation v Melbourne IVF Pty Ltd T/A Melbourne IVF
[2024] FWC 662
•13 MARCH 2024
| [2024] FWC 662 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Nursing and Midwifery Federation
v
Melbourne IVF Pty Ltd T/A Melbourne IVF
(B2024/213)
| COMMISSIONER CONNOLLY | MELBOURNE, 13 MARCH 2024 |
Proposed protected action ballot of employees of Melbourne IVF Pty Ltd
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 Melbourne IVF Pty Ltd T/A Melbourne IVF (Melbourne IVF).
The application was lodged on 12 March 2024 and allocated to my chambers for determination on 13 March 2024.
On 12 March 2024, the Commission was advised that the Employer, in effect, did not object to the Application, on the basis that an extension of the notice period to 7 days be provided due to exceptional circumstances.
On 13 March 2024, my Chambers sought advice from the parties on whether they wished to be heard further in relation to this application. The Respondent’s representative advised that the Respondent does not oppose the Application anymore and considers it appropriate to determine the matter on the papers. The Applicant consented to this proposal.
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 Rima Niroumand behalf of the ANMF, 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 them, 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.
The ballot is to be conducted by Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has recently been approved as an eligible protected ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. The ballot period is proposed to commence from the date the PABO has been issued by the Commission.
An Order has been separately issued in PR772322.
This matter will shortly be listed for a s.448A conference. An order requiring the bargaining representatives’ attendance at the conference will thereafter be issued. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
COMMISSIONER
[1] [1] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.
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