Australian Nursing and Midwifery Federation v Mornington Peninsula Shire Council

[2014] FWC 3399

[2014] FWC 3399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation
v
Mornington Peninsula Shire Council
(B2014/794)

COMMISSIONER BISSETT MELBOURNE, 22 MAY 2014

Proposed protected action ballot by employees of Mornington Peninsula Shire Council.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Nursing and Midwifery Federation (ANMF) for a protected action ballot order in relation to certain employees of the Mornington Peninsula Shire Council (the Respondent). The application was made on 20 May 2014.

[2] The Respondent has advised in correspondence that it does not oppose the making of the order. I have therefore made this decision on the basis of the material filed by the ANMF.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The ANMF has provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the ANMF.

COMMISSIONER

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