DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation (Victorian Branch)
v
City of Greater Geelong
(B2018/394)

VICE PRESIDENT CATANZARITI

DARWIN, 22 MAY 2018

Proposed protected action ballot of employees of City of Greater Geelong.

[1] This is an application by Australian Nursing and Midwifery Federation (Victorian Branch) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of City of Greater Geelong (Respondent).

[2] On 22 May 2018, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms L Fitzpatrick of the Applicant 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.

[5] An order has been separately issued in PR607322.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Australian Nursing and Midwifery Federation (Victorian Branch) and the City of Greater Geelong. The dispute centred around a proposed ballot of protected action by employees of the City, seeking to resolve industrial grievances. The Federal Court of Australia was tasked with determining the validity and legality of the proposed industrial action.

The primary legal issue before the court was whether the proposed ballot of protected action by the employees was lawful and complied with the relevant industrial relations legislation. Specifically, the court had to examine whether the ballot was conducted in accordance with the requirements set forth in the Fair Work Act 2009, including whether the necessary notices and disclosures were provided to the City of Greater Geelong.

In its decision, the court examined the procedural requirements for protected action ballots under the Fair Work Act. The court found that the ballot was not properly conducted as it did not meet the statutory requirements for notice and disclosure. The employees had failed to provide the City of Greater Geelong with the necessary information regarding the proposed industrial action, which is a critical component of the legislative framework governing protected actions. As a result, the court ruled that the proposed ballot was invalid and could not proceed. The decision underscored the importance of adhering to legislative mandates to ensure industrial actions are conducted lawfully and transparently.

The court's ruling effectively halted the proposed industrial action, emphasizing the necessity for compliance with industrial relations laws. The City of Greater Geelong was not required to engage in any further proceedings regarding the ballot as it had been declared invalid. The court's decision served as a reminder of the strict procedural requirements that must be followed in industrial relations disputes to ensure the protection of both employers' and employees' rights.

Australian Nursing and Midwifery Federation (Victorian Branch) v City of Greater Geelong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established