Australian Electoral Commission (AEC) v Australian Dental Association Victorian Branch Inc T/A Australian Dental Association Victorian Branch (ADAVB), Alfred Health

[2022] FWC 2742

[2022] FWC 2742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.447—Protected action

Australian Electoral Commission (AEC)
v

Australian Dental Association Victorian Branch Inc T/A Australian Dental Association Victorian Branch (ADAVB), Alfred Health

(B2022/1542)

DEPUTY PRESIDENT CLANCY MELBOURNE, 13 OCTOBER 2022

Application for a variation of a Protected Action Ballot Order in B2022/1488

1. This is an application by the Australian Electoral Commission (AEC) made under s.447 of the Fair Work Act 2009 (Act) for variation of a protected action ballot order in matter B2022/1488 on 3 October 2022 (the Order).

1. The AEC’s application seeks to vary the Order to the effect that the date by which voting is to close is extended by 7 days to no later than 16 November 2022.

1. On 13 October 2022, my Associate was advised that the Australian Dental Association Victoria Branch Inc. trading as Australian Dental Association Victoria Branch (ADAVB) and Central Highlands Rural Health do not object to the application.

1. Section 447 of the Act sets out the circumstances in which the Fair Work Commission (Commission) may vary a protected action ballot order:

447 Variation of protected action ballot order
(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.
(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.
(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or
(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

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

1. The AEC seeks to vary the date by which voting closes to allow Alfred Health an opportunity to provide the AEC with the employee list and declaration of accuracy, and circulate the notice to employees, if they have not done so already, in circumstances where the AEC has not been able to obtain the employee list and declaration of accuracy from Alfred Health to date. I consider this is appropriate.

1. As I consider it appropriate in the circumstances for the variation to be made, the Order will be varied to the extent that the date by which voting is to close is no later than 16 November 2022.

1. An order has been separately issued in PR746739.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR746788>