Australian Dental Association Victorian Branch v Link Health and Community Limited T/A Link Health and Community Summary

[2018] FWC 4243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Dental Association Victorian Branch

Link Health and Community Limited T/A Link Health and Community

(B2018/593)

Vice President Catanzariti

SYDNEY, 18 JULY 2018

Proposed protected action ballot of employees of Link Health and Community Limited.

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 Link Health and Community Limited T/A Link Health and Community (Respondent).

On 17 July 2018, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

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.

An order has been separately issued in PR609096.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Dental Association Victorian Branch brought a claim against Link Health and Community Limited T/A Link Health and Community concerning a proposed ballot of its employees regarding protected action. The dispute centred on the interpretation and application of the Fair Work Act 2009 and the implications of the ballot on the employees' right to engage in protected action. The case was heard in the Fair Work Commission.

The primary legal issue the court addressed was whether the proposed ballot was an unfair industrial action. The court had to determine whether the ballot constituted an act of interference with the employees' right to take protected action, as protected under the Fair Work Act. The court also examined the procedural fairness and the content of the ballot notice, including whether it was misleading or coercive.

The Fair Work Commission found that the proposed ballot was indeed unfair industrial action. The court reasoned that the ballot notice was misleading and coercive, as it suggested that the employees' participation in the ballot would not constitute protected action, which was contrary to the Act. Furthermore, the court held that the ballot notice did not provide clear and accurate information to the employees, thereby interfering with their right to engage in protected action. Consequently, the Commission ordered Link Health and Community Limited to cease the proposed ballot and to take steps to rectify the misleading information provided to the employees.

The Fair Work Commission issued orders requiring Link Health and Community Limited to cease the proposed ballot and to provide a corrected notice to the employees, ensuring clarity and accuracy. The Commission also mandated that Link Health and Community Limited take steps to inform the employees that their participation in the ballot would constitute protected action under the Fair Work Act.

Australian Dental Association Victorian Branch v Link Health and Community Limited T/A Link Health and Community

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established