Health Services Union and Jessica Gailitis v Melbourne City Mission

[2024] FWC 1032

[2024] FWC 1032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union and Jessica Gailitis
v

Melbourne City Mission

(B2024/455)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 APRIL 2024

Proposed protected action ballot of employees of Melbourne City Mission

1. This is an application by the Health Services Union (HSU)[1] and Jessica Gailitis (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Melbourne City Mission (Employer).

1. On 18 April 2024, the Commission was advised that the Employer did not object to 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 declarations of Lisa Anne Alcock, Branch Assistant Secretary, Health Services Union Victoria No. 4 Branch, trading as the Victorian Psychologists Association, Craig McGregor, Branch Secretary, Health Services Union Victoria No. 3 Branch, and Jessica Gailitis, Bargaining Representative, setting out the steps they have taken in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Melbourne City Mission, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by TrueVote Pty Ltd (Agent) TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.[2]

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 9 May 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773703.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The HSU comprising of two branches; namely, the Victorian No.3 branch and the Victorian No.4 Branch.

[2] TrueVote Pty Ltd [2023] FWC 1446.

[3] This is, in effect, fourteen (14) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR773702>