Australian Nursing and Midwifery Federation v Stanwell Corporation Limited

[2022] FWC 1044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Nursing and Midwifery Federation
v

Stanwell Corporation Limited

(B2022/358)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 MAY 2022

Proposed protected action ballot of employees of Stanwell Corporation Limited

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 Stanwell Corporation Limited (Respondent).

On 3 May 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Christopher Murray of the Applicant declared on 22 April 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.

An Order has been separately issued in PR741269.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation (ANM) brought an application under section 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order concerning specific employees of Stanwell Corporation Limited (Stanwell). The ANM sought the order following unsuccessful negotiations with Stanwell over a proposed agreement. Stanwell did not oppose the application, allowing the matter to be determined on the papers without a hearing.

The key legal issue before the court was whether the ANM had met the statutory requirements for a protected action ballot. This required the court to assess whether there was a notification time in relation to the proposed agreement and if the ANM had genuinely tried to reach agreement with Stanwell. The ANM submitted a statutory declaration outlining the bargaining steps taken and its efforts to reach an agreement.

The Vice President of the Fair Work Commission was satisfied, based on the material presented, that the ANM had met the requirements under section 443(1) of the Act. The statutory declaration from the ANM demonstrated that it had been genuinely trying to reach an agreement with Stanwell, and there was a notification time in relation to the proposed agreement. Consequently, the court granted the ANM's application for a protected action ballot order. An order was separately issued in PR741269.

This decision underscores the importance of demonstrating genuine bargaining efforts and compliance with the statutory requirements when seeking a protected action ballot under the Fair Work Act. The court's determination was made based on the documentation provided, highlighting the need for clear and thorough evidence in such applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established