Australian Nursing Federation v Moreland City Council
[2009] FWA 575
•9 OCTOBER 2009
[2009] FWA 575 |
|
DECISION |
Fair Work Act 2009
s.437—Application for a protected action ballot order
v
Moreland City Council
(B2009/10761)
COMMISSIONER SMITH | MELBOURNE, 9 OCTOBER 2009 |
Proposed protected action ballot by employees of Moreland City Council.
[1] The following decision, now edited, was issued during proceedings conducted on 8 October 2009.
[2] An application for a protected action ballot has been made by the Australian Nursing Federation to determine whether registered nurses who are employees of Moreland City Council wish to engage in particular protected industrial action for a proposed agreement.
[3] The application specifies the group of employees who are to be balloted and the questions to be put including the nature of the proposed industrial action. The application further specifies that the Australian Electoral Commission is to be the protected action ballot agent.
[4] I am satisfied that the ANF has given a copy of the application to Moreland City Council and to the employees who are to be balloted within 24 hours of the application being made.
[5] Section 443 of the Fair Work Act 2009 (the Act) provides that the Commission must make a protected action ballot in relation to a proposed enterprise agreement if firstly, the application has been made under s.437 of the Act, and secondly, that Fair Work Australia is satisfied that each applicant has been and is genuinely trying to reach agreement with the employer of the employees who are to be balloted.
[6] Mr Megennis has submitted that the council had initiated a proposal for a rollover agreement in identical terms with the addition of a proposed wage increase.
[7] This approach did not meet with success and a new agreement was then being pursued. Between 28 July 2009 and approximately 16 June 2009 the parties met on 12 occasions. Proposals have been put and rejected.
[8] The parties have continued to meet and negotiate until early September where the ANF put specific detailed matters to be included in the agreement. In large measure agreement has been reached on those matters, however, wages and job security issues remain unresolved.
[9] Moreland City Council by email dated 7 October 2009 advised that it would not be contesting this application.
[10] Accordingly I am satisfied that the ANF is genuinely trying to reach agreement with Moreland City Council. It follows that an order will be made. I am satisfied that the draft order presented complies with s.443(3) of the Act.
[11] The date on which the ballot order closes will be 20 days from the date that the order is made.
COMMISSIONER
Appearances:
B. Megennis for the Australian Nursing Federation.
Hearing details:
2009.
Melbourne:
October, 8.
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