Health Services Union-New South Wales Branch v Calvary Health Care Act Ltd T/A Calvary Public Hospital Bruce

[2018] FWC 2802

[2018] FWC 2802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Health Services Union-New South Wales Branch
v
Calvary Health Care ACT Ltd T/A Calvary Public Hospital Bruce;
ACT Health
(B2018/356)

COMMISSIONER JOHNS MELBOURNE, 18 MAY 2018

Proposed protected action ballot of employees.

[1] On 10 May 2018, the Health Services Union of Australia New South Wales Branch (HSU) made an application for a protected action ballot order (Order) in relation to a group of employees of Calvary Health Care ACT Ltd T/A Calvary Public Hospital Bruce and ACT Health (Employers).

[2] The application was made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employers were served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by ACT Public Sector Support Services Enterprise Agreement 2013-2017 (Agreement). The nominal expiry date of the Agreement is 30 June 2017.

[5] On 11 May 2018, the Employers stated that they did not consent to the proposed Order.

[6] The Matter was subsequently listed for a Mentions and/or Directions Hearing on 18 May 2018.

[7] On 18 May 2018, the HSU filed an amended protected action ballot order.

[8] At the Mentions and/or Directions Hearing, the Employers stated that they consented to the amended order.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR607211] will be issued concurrently with this decision.

COMMISSIONER

Appearances:

Ms J Gordon for the HSU

Ms S Gleeson for the HSU

Mr J Karcher for the Employer

Mr D Wedgewood for the Employer

Ms M Vella for the Employer

Hearing details:

11:00am

18 May 2018

By Telephone

Printed by authority of the Commonwealth Government Printer

<PR607210>