Australian Nursing and Midwifery Federation v Monash IVF Pty Ltd

[2018] FWC 3089

[2018] FWC 3089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Monash IVF Pty Ltd & Anor.
(B2018/418)

COMMISSIONER WILSON MELBOURNE, 30 MAY 2018

Proposed protected action ballot of employees of Monash IVF Pty Ltd; Monash IVF Auchenflower Pty Ltd (Wesley); Monash IVF Reproductive Pathology and Genetics; Yoncat Pty Ltd; MyIVF Pty Ltd; Palantrou Pty Ltd, trading as Next Generation Fertility Pty Ltd trading as Bump IVF; and Fertility East Pty Ltd.

[1] This is an application for a protected action ballot order by the Australian Nursing and Midwifery Federation (ANMF) in relation to certain employees employed by Monash IVF Pty Ltd; Monash IVF Auchenflower Pty Ltd (Wesley); Monash IVF Reproductive Pathology and Genetics; Yoncat Pty Ltd; MyIVF Pty Ltd; Palantrou Pty Ltd, trading as Next Generation Fertility Pty Ltd trading as Bump IVF; and Fertility East Pty Ltd (known collectively as Monash) as Nurses and whose employment is presently covered by the Monash IVF Nurses Enterprise Agreement 2012 1, (the 2012 Agreement), the nominal expiry date of which is 30 September 2016.

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

[3] On 30 May 2018 my Associate was advised that the Respondent did not object to the application.

[4] In the circumstances and with consent of the parties, I have decided to determine the matters on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Ms A Butler 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.

[6] An order has been separately issued in PR607583.

COMMISSIONER

 1   AE899772.

Printed by authority of the Commonwealth Government Printer

<PR607588>