The Association of Professional Engineers, Scientists and Managers Australia T/A Professionals Australia v Friendly Society Medical Association Limited T/A National Pharmacies

[2023] FWC 206

[2023] FWC 206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Association of Professional Engineers, Scientists and Managers Australia T/A Professionals Australia
v

Friendly Society Medical Association Limited T/A National Pharmacies

(B2023/46)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 JANUARY 2023

Proposed protected action ballot of employees of Friendly Society Medical Association Limited trading as National Pharmacies

1. This is an application by the Association of Professional Engineers, Scientists and Managers Australia T/A Professionals Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Friendly Society Medical Association Limited T/A National Pharmacies (Respondent).

1. On 24 January 2023, my Associate was advised that the Respondent did not object to the application.

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 Paul Inglis of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR749930.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749929>