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

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation sought a declaration that a proposed industrial action ballot by employees of the National Patient Transport Group Pty Ltd was protected action under section 387 of the Fair Work Act 2009 (Cth). The dispute arose from a series of industrial disputes between the Federation and the Transport Group regarding the terms and conditions of employment of the Transport Group's employees. The matter was heard in the Federal Circuit and Family Court of Australia. The court had to determine whether the proposed industrial action, which involved a ballot of the Transport Group's employees to authorise strike action, constituted protected action under the Fair Work Act. Specifically, the court needed to assess whether the proposed industrial action was related to a workplace dispute, was conducted in accordance with the Act, and was not prohibited by any section of the Act.

The court considered the nature of the industrial dispute, the process by which the ballot was proposed, and whether the proposed action was genuinely related to the dispute. The court also examined whether the ballot notice complied with the requirements of the Fair Work Act and whether the proposed action was protected by the Act. Ultimately, the court found that the proposed industrial action was protected action under the Fair Work Act. The court held that the proposed action was related to a workplace dispute, was conducted in accordance with the Act, and complied with the notice requirements. The court also found that the proposed action was not prohibited by any section of the Act.

In light of the findings, the court made a declaration that the proposed industrial action ballot was protected action under section 387 of the Fair Work Act. The court noted that the declaration was without prejudice to any other rights or obligations of the parties under the Act or any other law. The court did not make any orders regarding the substantive merits of the industrial dispute or the proposed industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established