Australian Nursing and Midwifery Federation v Moorabool Shire Council

[2021] FWC 1753

[2021] FWC 1753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v
Moorabool Shire Council
(B2021/212)

COMMISSIONER MCKINNON MELBOURNE, 30 MARCH 2021

Proposed protected action ballot of employees of Moorabool Shire Council.

[1] This is an application by the Australian Nursing and Midwifery Federation under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Moorabool Shire Council.

[2] While the Council initially objected to the application, it withdrew its objection on 30 March 2021 after conciliation between the parties.

[3] The proposed industrial action, if taken, will occur in a region where qualified child and maternal health nurses are both valued and in short supply. Having heard from the parties, I am satisfied that there are exceptional circumstances in this case and that the period of written notice for some of the proposed industrial action covered by the ballot should be longer than 3 working days. In the circumstances, a notice period of 5 working days for the proposed action described by the Federations’ ballot questions at 3, 4, 7, 8 and 9 of the draft order is appropriate.

[4] On the basis of the material before me, including the declaration of Monique Segan setting out the steps taken by the Federation in bargaining with the Council and that it has been, and is, genuinely trying to reach agreement with the Council, 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.

[5] An order will issue separately in PR728248.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appearances:

M Baldini on behalf of the ANMF.

A Hogan on behalf of Moorabool Shire Council.

Hearing details:

2021.

Melbourne:

March 30.

Printed by authority of the Commonwealth Government Printer

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