1 Fair Work Act 2009 s.437—Protected action United Voice; Australian Nursing and Midwifery Federation v National Patient Transport Group Pty Ltd (B2019/94) DEPUTY PRESIDENT HAMILTON MELBOURNE, 12 FEBRUARY 2019 Proposed protected action ballot of employees of National Patient Transport Group Pty Ltd. Pursuant to s.443 of the Fair Work Act 2009 (the Act), the Fair Work Commission orders by consent: 1. PROTECTED ACTION BALLOT TO BE HELD United Voice and the Australian Nursing and Midwifery Federation are to hold a protected action ballot of employees of National Patient Transport Group Pty Ltd described in clause 3 of this order. 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission. 3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED In accordance with s.437(5) of the Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement and are represented by the bargaining representatives who are the applicants for this protected action ballot order. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 28 days from the date of this order. 5. QUESTIONS The questions to be put to voters in the ballot are: For the purpose of advancing your claims in the negotiation of an enterprise agreement with your employer, by answering “YES” or “NO”, do you agree to authorise all of the following PR704834 ORDER PR704834 2 types of protected industrial action, which may be taken either as separate, concurrent and/or consecutive actions: 1. An indefinite ban on training new Patient Transport Officers and Ambulance Transport Attendants; 2. An indefinite ban on completing log books for university placement students (graduates) and observing employees performing work in Patient Transport Vehicles; 3. An indefinite ban on refuelling Patient Transport Vehicles above ¼ of a tank full of fuel, such that the total capacity of fuel never exceeds ¼ of a tank of fuel; 4. An indefinite ban on recording kilometres on the Patient Care Record (both electronic and paper form) when refuelling Patient Transport Vehicles; 5. An indefinite ban on recording kilometres driven on each occasion a job is dispatched on the Patient Care Record (both electronic and paper form); 6. An indefinite restriction on communications with the Emergency Services Telecommunications Authority and the National Patient Transport Group Pty Ltd Operations Centre to only provide each with ‘dispatch’ times, ‘clear’ times, and to communicate OH&S or community safety concerns, including a patient’s condition; 7. An indefinite ban on recording patient billing details on the green and brown coloured copy of the Patient Care Record (paper form), and the electronic copy of the Patient Care Record provided by the National Patient Transport Group Pty Ltd; 8. An unlimited number of stoppages of work whilst wearing campaign material; 9. Employees will only perform work if they are wearing union campaign material; 10. Employees will undertake stoppages of work to communicate with the media about issues related to enterprise bargaining; 11. Employees will undertake stoppages of work to post photos or write a message on social media about issues related to enterprise bargaining; 12. Employees will undertake stoppages of work to write enterprise bargaining campaign messages on the outside of the Patient Transport Vehicle; PR704834 3 13. Employees will only use the Patient Transport Vehicle to perform work if enterprise bargaining campaign messages are written on the outside of the Patient Transport Vehicle. Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer