Secret Ballot Newsletter - ARCBS Nurses An important message to all ANF Members The ANF has been seeking a new enterprise agreement with the Australian Red Cross Blood Service since April 2007. Formal ‘bargaining periods’ have been in place since April 2007. Despite lengthy negotiations with representatives from the ARCBS, an acceptable agreement has not been reached. The Howard Government’s new industrial relations laws require the ANF to take particular legal steps to ensure our members can take protected industrial action; in particular the ANF must ensure that a secret ballot of ANF members occurs prior to any industrial action. Why a secret ballot? Simply put, this is now the law. The ANF must make a formal application to the Australian Industrial Relations Commission (AIRC) seeking a secret ballot. Once the AIRC agrees to our application, a ballot will be conducted by the Australian Electoral Commission (AEC). Who can vote? Only nurses who are ANF members can vote. ARCBS will provide a list of all employees in nursing classifications to the AEC, and the ANF will provide a list of members to the AEC. The AEC will compare those two lists and those who appear on both lists will be on the “roll of voters”. Only those on the roll of voters will be eligible to vote. How do I know if I am on the roll of voters? As many ANF members work in multiple workplaces, or work under their maiden name despite joining ANF under their married name, or vice versa, you can contact the AEC to check that you are on the roll of voters. You must do this before the roll closes. If you are concerned that your ANF membership details may not be up to date, contact the ANF membership department on 9275 9313 as soon as possible. The phone number for the AEC will be on notices that your employer must place on notice-boards around your workplace, and send to the home address of staff on leave. Will my employer know about my ANF membership or how I vote? The ballot is a secret ballot. Only the AEC knows who is on the roll of voters and who actually votes. Neither ARCBS, the ANF nor the AEC know how you vote, once your name is marked off as having voted, your vote remains in an unmarked envelope. These unmarked envelopes are opened and counted later. Do I need to vote? Voting is not compulsory but it is critical to the success of the ANF campaign to secure improved wages and conditions for you and your colleagues, and reduce the risk of losing hard won conditions over coming years. Under the law before the action can be protected: • 50% of ANF members at ARCBS must vote, and • of those who vote more than 50% must vote in favour of supporting the proposed industrial action. Please complete and return your ballot paper straight away. How should I vote? This is your decision. The ANF strongly encourages members to vote in favour of all the question/s in the ballot paper. If you have any questions or concerns you should contact your ANF Organiser on 9275 9333. What if some of the questions do not apply to me? You must answer all questions. The ANF encourages you to answer “yes” to all questions, even if they do not apply directly to your work area or workplace. What do I do to make sure my vote counts? Read the AEC instructions carefully and, after recording your vote: • place the ballot paper in the declaration envelope, complete the declaration and seal the declaration envelope; and • place the declaration envelope in the prepaid envelope and seal the prepaid envelope; and • send the prepaid envelope to the AEC to reach the AEC no later than the time on the closing day of the ballot noted on the ballot paper. If I vote in favour, when would any industrial action commence? Your vote in the secret ballot simply authorises the ANF to organise industrial action within 30 days after the outcome of the vote is declared. It does not mean that you will take action. Meetings of ANF members will determine what action, if any, will be taken, when it would start and other details of the action. If that meeting endorses taking industrial action, the ANF would notify the Australian Red Cross Blood Service and give them three working days notice of the proposed action. What if I don’t get a ballot paper? You must contact the AEC and the ANF immediately. The phone number for the AEC will be on notices that ARCBS must place on notice-boards around the facility, and send to the home address of staff on leave. Why can’t the ANF reach agreement without threatening or taking industrial action? Whether we like it or not, for nurses at ARCBS, history tells us that the taking of industrial action is a necessary part of enterprise bargaining. Without taking action, we would have no choice but to accept the ARCBS offer that will leave ARCBS nurses substantially worse off than nurses in the public sector and in other states. The industrial relations system is not of ANF’s making. We have exhausted negotiations and our only option to secure an agreement acceptable to our members is attempting to take legally protected industrial action. This is what the new system encourages where agreement cannot be reached. What is the significance of “protected” action? When taking “protected” industrial action, your employer must not: • dismiss an employee, injure an employee in his or her employment or alter the position of an employee to the employee’s prejudice; or • threaten to dismiss an employee, injure an employee in his or her employment or alter the position of an employee to the employee’s prejudice. I am not an ANF member, what should I do? All employees will enjoy the benefits that ANF members help achieve. The more nurses in a workplace that are members of the ANF - the greater your chance of success. To join ANF ring our Melbourne Office on 9275 9333, or join on line at http://www.anfvic.asn.au/membership Authorised by Lisa Fitzpatrick, Secretary, ANF (Vic Branch). October 2007
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