Australian Nursing and Midwifery Federation v National Patient Transport Group Pty Ltd

[2019] FWC 880

[2019] FWC 880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Voice; Australian Nursing and Midwifery Federation
v
National Patient Transport Group Pty Ltd
(B2019/94)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 12 FEBRUARY 2019

Proposed protected action ballot of employees of National Patient Transport Group Pty Ltd.

[1] This decision concerns an application by United Voice and the Australian Nursing and Midwifery Federation (ANMF) (the applicants) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of National Patient Transport Group Pty Ltd (the respondent).

[2] On 8 February 2019, the respondent advised the Fair Work Commission (the Commission) that it objected to the application.

[3] On 12 February 2019, the matter was heard before me by way of conference at which parties were able to reach agreement on the application.

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

[5] I have considered the application and the statutory declarations of Ms Olga Bartasek, Assistant Secretary of United Voice - Ambulance Employees Australia Victoria, and Mr Paul Gilbert, Assistant Secretary of the ANMF (Victorian Branch), setting out the steps taken by the applicants to try to reach agreement with the respondent.

[6] I am satisfied that there is a notification time in relation to the proposed agreement, that the applicants have been, and are, genuinely trying to reach agreement with the respondent, and that the other requirements for the making of a protected action ballot order have been met.

[7] Accordingly, the Commission is required to make a protected action ballot order under s.443 of the Act.

[8] An order is separately issued in PR704834.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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