Australian Salaried Medical Officers Federation v Australian Capital Territory T/A Act Public Sector

[2024] FWC 3097

[2024] FWC 3097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Salaried Medical Officers Federation
v

Australian Capital Territory T/A ACT Public Sector

(B2024/1439)

DEPUTY PRESIDENT ROBERTS SYDNEY, 8 NOVEMBER 2024

Proposed protected action ballot of employees of Australian Capital Territory

1. This is an application by the Australian Salaried Medical Officers Federation (ASMOF or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Australian Capital Territory (ACT or Employer).

1. The proposed order was not opposed and the application has been dealt with on the papers.

1. On the basis of the material before me, including the declaration of Associate Professor Dr Jeff Looi, setting out the steps taken by the ASMOF in bargaining with the Employer and the evidence to indicate that ASMOF has been, and is, genuinely trying to reach agreement with the ACT, 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. I am also satisfied that the application was provided to the employer and the ballot agent in accordance with s.440 of the Act.

1. I have also had regard to the submissions of the parties and the evidence in the statement of Mr. Steven Linton, Senior Director Industrial Relations, Canberra Health Services. I am satisfied that there are exceptional circumstances within the meaning of s.443(5) of the Act to justify a period of written notice referred to in s.414(2)(a) being longer than three working days for the protected industrial action specified in the proposed order. Pursuant to s.443(5), I am of the view that the period of written notice should be at least five (5) working days.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 28 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR781089.

1. I will conduct the s.448A compulsory conciliation conference and will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is 14 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

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