Australian Dental Association Victorian Branch v Access Health and Community

[2018] FWC 7857

[2018] FWC 7857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Dental Association Victorian Branch
v
Access Health and Community
(B2018/1179)

VICE PRESIDENT CATANZARITI SYDNEY, 21 DECEMBER 2018

Proposed protected action ballot of employees of Access Health and Community.

[1] This is an application by the Australian Dental Association Victorian Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Access Health and Community (Respondent).

[2] On 21 December 2018, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr M Butler 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.

[5] An order has been separately issued in PR703513.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR703514>