Australian Dental Association Victorian Branch v Merri Community Health Services Limited T/A Merri Health

[2018] FWC 4260

2018 FWC 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Dental Association Victorian Branch
v
Merri Community Health Services Limited T/A Merri Health
(B2018/614)

VICE PRESIDENT CATANZARITI SYDNEY, 18 JULY 2018

Proposed protected action ballot of employees of Merri Community Health Services Limited T/A Merri Health.

[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 Merri Community Health Services Limited T/A Merri Health (Respondent).

[2] On 17 July 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 matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms A 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.

[5] An order has been separately issued in PR609129.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609128>