Australian Nursing and Midwifery Federation v St Vincent's Private Hospital Sydney

[2022] FWC 3189

[2022] FWC 3189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

St Vincent’s Private Hospital Sydney

(B2022/1778)

VICE PRESIDENT CATANZARITI SYDNEY, 2 DECEMBER 2022

Proposed protected action ballot of employees of St Vincent’s Private Hospital Sydney

1. This is an application by the Australian Nursing and Midwifery Federation (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of St Vincent’s Private Hospital Sydney (Respondent).

1. On 1 December 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Nicholas Bernard Coady of the Applicant declared on 29 November 2022, setting out the steps taken by it in bargaining with the Respondent and that it 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.

1. An Order has been separately issued in PR748534.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748535>