Application by Health Services Union
[2024] FWC 1903
•19 JULY 2024
| [2024] FWC 1903 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Application by Health Services Union
(B2024/906)
| DEPUTY PRESIDENT BINET | PERTH, 19 JULY 2024 |
Proposed protected action ballot of employees of Clinical Laboratories (WA) Pty Ltd Trading As Australian Clinical Labs
The Health Services Union of Western Australia (HSU) have applied to the Fair Work Commission (FWC) for a protected action ballot order (Application) pursuant to section 437 of the Fair Work Act 2009 (Cth) (FW Act) in relation to the bargaining for an agreement to replace the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2021 (Proposed Agreement).
The Application was supported by a statutory declaration from Ms Stephanie Smith Industrial Officer of the HSU (Ms Smith).
The HSU seek an order for a ballot to be conducted of employees of Clinical Laboratories (WA) Pty Ltd trading as Australian Clinical Labs (Clinilabs) who are employed by Clinilabs in classifications covered by the Proposed Agreement and who are represented by the HSU, or who are bargaining representatives for themselves but are members of the HSU (Employees).
The Application was listed for a Conference at 12 noon (AWST) on 19 July 2024 (Conference), and if necessary, a Hearing at 2pm (AWST) 19 July 2024 (Hearing).
Directions for the filing of materials in advance of the Hearing were issued to the parties on 18 July 2024 (Directions).
In accordance with the Directions the parties jointly prepared and filed a digital court book containing the evidence and submissions of the parties prior to the Hearing date (DCB).
In the course of the Conference held on 19 July 2024 Clinilabs advised that in effect, it did not object to the Application.
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 Ms Smith setting out the steps taken by the HSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
For the purposes of s.443(3)(c) of the FW Act, the FWC has determined that the date by which voting is to close is Friday 9 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.
An Order has been separately issued in PR777181.
The Application will be listed for a s.448A compulsory conciliation conference at 10am (AWST) on 30 July 2024 (Post PABO Conference). An Order will be issued requiring all bargaining representatives for the Proposed Agreement to attend the Post PABO Conference. Directions will also be issued to ensure that the parties attend the Post PABO Conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
[1] This is, in effect, 21 days from the making of the Order and was the date sought in the Application.
Printed by authority of the Commonwealth Government Printer
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