Australian Dental Association Victorian Branch Inc v South West Healthcare

[2022] FWC 2542

[2022] FWC 2542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Dental Association Victorian Branch Inc
v

South West Healthcare

(B2022/1434)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 SEPTEMBER 2022

Proposed protected action ballot of employees of South West Healthcare.

1. This is an application by the Australian Dental Association Victorian Branch Inc (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of South West Healthcare. (Respondent).

1. On 21 September 2022, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Ms Meaghan Quinn 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.

1. An order has been separately issued in PR746099.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR746098>