Russell Hamstead v Ambulance Victoria

[2024] FWC 2108

[2024] FWC 2108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Russell Hamstead
v

Ambulance Victoria

(B2024/1003)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 AUGUST 2024

Proposed protected action ballot of employees of Ambulance Victoria

1. This is an application by Mr Russel Hamstead (Mr Hamstead 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 Ambulance Victoria (AV or Employer). Mr Hamstead is a Paramedic employed by the AV and is a bargaining representative for himself.

1. On 8 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application in its amended form. The parties agreed to remove one of the proposed ballot questions.

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 Mr Hamstead, setting out the steps taken by him in bargaining with the Employer and that he has been, and is, genuinely trying to reach agreement with AV, 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 (AEC).

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 19 September 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 PR778084.

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 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, in effect, 30 working days from the making of the Order as required by the AEC.

Printed by authority of the Commonwealth Government Printer

<PR778085>