Queensland Nurses' Union of Employees

[2012] FWA 7495

[2012] FWA 7495

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Queensland Nurses' Union of Employees
(B2012/1537)

COMMISSIONER SIMPSON BRISBANE, 31 AUGUST 2012

Proposed protected action ballot by employees of All Hallows' School Limited, Ann Street Brisbane.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Queensland Nurses’ Union of Employees (the Union) for a protected action ballot order in relation to certain employees of All Hallows’ School Limited, Ann Street Brisbane. The Union then filed on the 31 August an amendment to this application regarding the date the voting closes.

[2] The Employer’s representative Mr Whitehouse advised by email on 30 August 2012 that the Employer will not be contesting the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR528581] based on the draft order provided by the Union has been issued in conjunction with this decision.

[5] The draft order filed by the Applicant provides for 5 working days as the period of written notice of industrial action which is consistent with other determinations affecting the Respondent and other employers in the non-government schools section. The Respondent supports this approach.

[6] I grant the application and specify 5 working days as the period of written notice of industrial action in these matters.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR528582>