Australian Dental Association Victorian Branch v DPV Health

[2019] FWC 969

[2019] FWC 969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Dental Association Victorian Branch
v
DPV Health
(B2019/117)

VICE PRESIDENT CATANZARITI DARWIN, 14 FEBRUARY 2019

Proposed protected action ballot of employees of DPV Health.

[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 DPV Health (Respondent).

[2] On 14 February 2019, 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 PR704954.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR704955>