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

CaseChat Overview and Summary

The parties in this case were the Health Services Union-New South Wales Branch (the Union) and Calvary Health Care Act Ltd T/A Calvary Public Hospital Bruce (the Employer). The dispute arose when the Union proposed a protected action ballot to its members, which included employees of the Employer, to consider industrial action. The matter was brought before the Fair Work Commission, an Australian labour relations tribunal.

The central legal issues revolved around the validity of the ballot and whether the Union had complied with the necessary statutory requirements. The Employer challenged the ballot on the grounds that it did not adequately inform employees about the specific details of the proposed industrial action and did not provide sufficient time for consideration. The Union argued that the ballot was conducted in accordance with the relevant provisions of the Fair Work Act 2009.

In its decision, the Commission examined the specific wording and content of the ballot notice provided to employees. It found that the notice did not adequately inform employees of the potential impact of the industrial action or the specific details of the action. Consequently, the Commission determined that the ballot was invalid as it did not meet the statutory requirements for a valid protected action ballot. The Commission also noted that the Union's failure to provide sufficient information undermined the ability of employees to make an informed decision about participating in the industrial action.

The Fair Work Commission's decision invalidated the proposed protected action ballot. This ruling underscores the importance of ensuring that all relevant information is provided to employees in a ballot notice to enable them to make informed decisions about participating in industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established