Australian Nursing and Midwifery Federation v Mercy Health

[2014] FWC 6940

[2014] FWC 6940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Mercy Health
(B2014/1423)

COMMISSIONER JOHNS MELBOURNE, 2 OCTOBER 2014

Proposed protected action ballot of employees of Mercy Health.

[1] On 1 October 2014 the Australian Nursing and Midwifery Federation (ANMF) made an application for a protected action ballot order in relation to a group of employees of Mercy Health (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Mercy Health, Nurses and HASA Staff Residential Care Services Enterprise Agreement 2009-2013 (Agreement) which passed its nominal expiry date on 30 June 2013.

[5] On 1 October 2014, the Employer notified the Commission that it objected to the application. The same day following a short telephone conference with the parties, the ANMF filed an amended Draft Order. The Employer subsequently withdrew its objection to the application.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [PR556170] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556169>