Australian Dental Association Victorian Branch Inc T/A Australian Dental Association Victorian Branch (ADAVB) v Bass Coast Health

[2022] FWC 2451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Dental Association Victorian Branch Inc T/A Australian Dental Association Victorian Branch (ADAVB)
v

Bass Coast Health

(B2022/1380)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 14 SEPTEMBER 2022

Proposed protected action ballot of employees of Bass Coast Health

This is an application by the Australian Dental Association Victorian Branch Inc trading as Australian Dental Association Victorian Branch (ADAVB) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bass Coast Health (Respondent).

On 14 September 2022, my Associate was advised that the Respondent 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 Mr Matthew Hopcraft 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.

An order has been separately issued in PR745824.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Dental Association Victorian Branch Inc, trading as the Australian Dental Association Victorian Branch (ADAVB), applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order permitting a ballot of Bass Coast Health employees regarding proposed protected action. The application was made to facilitate a ballot concerning specific employees of Bass Coast Health, following negotiations that the ADAVB claimed were genuine attempts to reach an agreement. Bass Coast Health did not object to the application, leading the Deputy President to proceed with the determination based on the submitted documentation without a hearing.

The key legal issues for the Deputy President to address were whether the notification period for the proposed agreement had been met and if the ADAVB had genuinely attempted to reach an agreement with Bass Coast Health as required by section 443(1) of the Fair Work Act. The Deputy President's decision hinged on the declaration of Mr Matthew Hopcraft of the ADAVB, which outlined the bargaining steps taken and the association's efforts to reach an agreement with the Respondent. The Deputy President was satisfied that the notification period was met and that the ADAVB had genuinely tried to reach an agreement, fulfilling the statutory requirements.

Given the findings, the Deputy President concluded that the requirements for a protected action ballot were satisfied. An order was subsequently issued to allow the ballot to proceed, with the documentation detailing the steps taken and the genuine nature of the bargaining efforts. The Deputy President issued the order without further proceedings, considering the material before him sufficient to make a determination. The final orders reflect the decision to permit the ballot under the specified conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established