Russell Hamstead v Ambulance Victoria Summary

[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

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.

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.

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

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.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

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.

An Order has been separately issued in PR778084.

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

CaseChat Overview and Summary

The Fair Work Commission has heard an application from Mr Russell Hamstead, a paramedic employed by Ambulance Victoria, for an order to hold a protected action ballot among certain employees. Mr Hamstead, acting as a bargaining representative for himself, sought the ballot to address unresolved issues in negotiations over an enterprise agreement. Ambulance Victoria did not object to the application in its amended form, which included the removal of one proposed ballot question. Consequently, the Deputy President Hampton decided to proceed with the determination based on the provided documentation, without the need for a hearing.

The key legal issue before the Commission was whether the application met the requirements under section 437 of the Fair Work Act 2009 for a protected action ballot order. Specifically, the Commission needed to confirm if Mr Hamstead had genuinely attempted to reach an agreement with Ambulance Victoria and if all procedural requirements under the Act had been fulfilled. The Commission also had to determine an appropriate closing date for the ballot, ensuring it complied with the Australian Electoral Commission's regulations.

After reviewing the evidence, the Deputy President Hampton concluded that all requirements for a protected action ballot were satisfied. Mr Hamstead's declaration and the steps taken in bargaining negotiations demonstrated his genuine efforts to reach an agreement. The Commission set 19 September 2024 as the closing date for voting, aligning with the necessary period for the Australian Electoral Commission. An Order was issued for the ballot to be conducted by the AEC, and the matter was assigned to another member of the Commission for a compulsory conciliation conference under section 448A of the Act. This conference aims to facilitate meaningful negotiations between the parties.

In summary, the Fair Work Commission granted the application for a protected action ballot, setting a closing date for voting and assigning the matter for a compulsory conciliation conference. The Commission's decision ensures that the ballot process adheres to the legal framework and provides a structured pathway for resolving the ongoing dispute through negotiations.

Russell Hamstead v Ambulance Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established