Jennifer Wyborn v Australian Capital Territory as represented by Act Health Directorate

[2015] FWC 2494

[2015] FWC 2494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Jennifer Wyborn
v
Australian Capital Territory as represented by ACT Health Directorate
(B2015/428)

DEPUTY PRESIDENT KOVACIC CANBERRA, 10 APRIL 2015

Proposed protected action ballot of employees of Australian Capital Territory as represented by ACT Health Directorate.

[1] This is an application by Ms Jennifer Wyborn made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of the Australian Capital Territory as represented by the ACT Health Directorate (ACT Health). Ms Wyborn has been appointed as a bargaining representative by a number of employees of ACT Health.

[2] By way of background, the Commission issued an Order 1 on 17 February 2015 in respect of an earlier application made by Ms Wyborn as a bargaining representative by a number of employees of ACT Health. Since then, Ms Wyborn has been appointed as a bargaining representative by a further nineteen employees of ACT Health.

[3] Ms Wyborn lodged a Statement of Facts in support of her most recent application. That Statement of Facts makes it clear that the parties have met and engaged in correspondence regarding the proposed terms of the enterprise agreement. It is evident that whilst discussions have taken place, the parties are unable to reach agreement.

[4] ACT Health does not oppose the making of an order. In doing so, ACT Health does not dispute that the Ms Wyborn has been, and is, genuinely trying to reach agreement in respect of the employees she represents.

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

[6] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order (PR562973) is based on the draft order provided by Ms Wyborn and reflects the agreement of the parties on the provision of three working days written notice of industrial action and the questions to be put in the ballot. The order will be issued in conjunction with this decision.

 1   PR560993

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