Australian Workers' Union v Nanyima Aged Care Inc

[2023] FWC 2769

[2023] FWC 2769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Nanyima Aged Care Inc

(B2023/1133)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 24 OCTOBER 2023

Proposed protected action ballot of employees of Nanyima Aged Care Inc

1. This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Nanyima Aged Care Inc (Nanyima or Employer). 

1. On 23 October 2023, the Commission was advised that Nanyima, in effect, did not object to the Application, as amended.[1]

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 declaration of Jass Adlam on behalf of the AWU, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Nanyima, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission. 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 5 December 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR767517.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] On 20 October 2023, the Applicant filed an amended application, clarifying inconsistencies between the F34 and proposed order. The Respondent did not raise any objections to the amended application.

[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

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