The Association of Professional Engineers, Scientists and Managers, Australia T/A Professionals Australia v Ramsay Health Care Australia Pty Ltd

[2023] FWC 1472

[2023] FWC 1472

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

Ramsay Health Care Australia Pty Ltd

(B2023/590)

COMMISSIONER SIMPSON BRISBANE, 21 JUNE 2023

Proposed protected action ballot of employees of Ramsay Health Care Australia Pty Ltd

1. This is an application by The Association of Professional Engineers, Scientists and Managers, Australia T/A Professionals Australia (APESMA/ the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Ramsay Health Care Australia Pty Ltd (Ramsay/the Respondent).

1. The APESMA filed the application on 16 June 2023, accompanied by a Form F34B Statutory Declaration in support of the application signed by Jessica Hensman, Lead Organiser employed by the APESMA.

1. On 16 June 2023, the Commission’s Bargaining Support Team sent an email to the Respondent asking the Respondent to indicate whether it objected to the application by no later than 12:00PM on 19 June 2023. The parties were advised that if the Respondent objected to the application, the response was to contain details of the basis of the objection, and then outline the statutory basis for its objection.

1. At 11:26AM on 19 June 2023 the Respondent sent correspondence outlining their objections. The matter was then allocated to me and I listed it for a hearing on 21 June 2023.

Hearing

1. At the commencement of the hearing, the parties notified the Commission that they had reached a consent position.

Conclusion

1. On the basis of the material before me, including the declaration of Jessica Hensman, Lead Organiser employed by the APESMA, 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 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. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (21 June 2023) has been established by this Commission.

1. An order has been separately issued in PR763426.

1. The Commission will separately issue a Notice of Listing and Orders requiring attendance at a conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

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