Australian Nursing and Midwifery Federation v Royal Flying Doctor Service of Australia (Victorian Section)

[2020] FWC 5305

[2020] FWC 5305

FAIR WORK COMMISSION

DECISION

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

Victorian Ambulance Union Incorporated; Australian Nursing and Midwifery Federation
v
Royal Flying Doctor Service of Australia (Victorian Section)
(B2020/589)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 OCTOBER 2020

Proposed protected action ballot of employees of Royal Flying Doctor Service of Australia (Victorian Section).

[1] This is an application by the Victorian Ambulance Union Incorporated (VAU) and the Australian Nursing and Midwifery Federation (ANMF) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Royal Flying Doctor Service of Australia (Victorian Section) (Respondent).

[2] On 1 October 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declarations of Ms M Baldini of the ANMF and Ms O Bartasek of the VAU setting out the steps taken by each union in bargaining with the Respondent and that each union 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.

[5] The ANMF and VAU also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is TrueVote Pty Ltd (TrueVote). Mr Stephen Donaldson, the director and a returning officer of TrueVote has provided a statutory declaration setting out that he would conduct the ballot in accordance with the order for TrueVote and that he has relevant experience in conducting protected action ballots. I am satisfied that TrueVote is a fit and proper person to conduct the ballot. I am also satisfied that Mr Donaldson and TrueVote are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. TrueVote has agreed to be the protected action ballot agent and Mr Donaldson and TrueVote are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint TrueVote as the protected action ballot agent.

[7] An order has been separately issued in PR723295.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR723294>