Australian Dental Association Victorian Branch v Access Health and Community T/A Inner East Community Health Service

Case [2018] FWC 4952


[2018] FWC 4952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Dental Association Victorian Branch

v

Access Health and Community T/A Inner East Community Health Service (IA2018-4576)

Vice President Catanzariti

SYDNEY, 23 AUGUST 2018

Proposed protected action ballot of employees of Access Health and Community T/A Inner East Community Health Service.

  1. This is an application by 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 T/A Inner East Community Health Service (Respondent).

  1. On 21 August 2018, the Fair Work Commission was advised that the Respondent does not oppose 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 statutory declaration of Aleysia Leonard 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 PR620117.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR620120>

Details
AGLC
Australian Dental Association Victorian Branch v Access Health and Community T/A Inner East Community Health Service [2018] FWC 4952
Case
[2018] FWC 4952
Decision Date

CaseChat Overview and Summary

The Australian Dental Association Victorian Branch (Applicant) sought a protected action ballot order from the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009. The proposed action involved employees of Access Health and Community T/A Inner East Community Health Service (Respondent). The matter was heard by Vice President Catanzariti in Sydney on 23 August 2018. The Respondent did not oppose the application, resulting in the FWC determining the matter on the provided documents without a hearing.

The key legal issues for the FWC to decide included whether the notification time for the proposed agreement had been met and if the statutory requirements under section 443(1) of the Fair Work Act were satisfied. The Applicant argued that it had genuinely tried to reach an agreement with the Respondent and had taken necessary steps as outlined in the statutory declaration of Aleysia Leonard.

The FWC concluded that the notification time was applicable and that the statutory requirements had been met. The Vice President's decision was based on the material submitted, including the Applicant's declaration detailing the bargaining process and its efforts to reach an agreement. The FWC was satisfied with the steps taken by the Applicant and issued the protected action ballot order accordingly.

The final order was issued separately as PR620120, allowing the Applicant to proceed with the ballot as per the requirements of the Fair Work Act.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.