Health Services Union v

Case [2022] FWC 415


[2022] FWC 415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Health Services Union
v

Goulburn Valley Health
(B2022/116)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 28 FEBRUARY 2022

Proposed protected action ballot of employees of Goulburn Valley Health.

  1. This is an application by the Health Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Goulburn Valley Health (Respondent).

  1. On 25 February 2022, my Associate was advised that the Respondent 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 declaration of Mr Craig McGregor 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.

  1. An order has been separately issued in PR738798.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR738797>

Details
AGLC
Health Services Union v [2022] FWC 415
Case
[2022] FWC 415
Decision Date

CaseChat Overview and Summary

The Health Services Union (Applicant) sought an order under section 437 of the Fair Work Act 2009 for a protected action ballot of certain employees of Goulburn Valley Health (Respondent). The application was made in the Fair Work Commission, with Deputy President Clancy presiding over the matter in Melbourne. The Respondent did not object to the application, leading the Deputy President to determine the matter on the papers without holding a hearing.

The key legal issues the court needed to decide were whether a notification time existed in relation to the proposed agreement and whether the requirements of section 443(1) of the Act had been met. The Deputy President examined the material before them, including a declaration from Mr Craig McGregor of the Applicant, which outlined the steps taken by the Union in bargaining with the Respondent and confirmed that the Union had been and was genuinely trying to reach an agreement with the Respondent.

The Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that the requirements of section 443(1) of the Act had been met. As a result, the Deputy President decided to grant the application.

The Fair Work Commission issued an order under section 437 of the Fair Work Act 2009 for a protected action ballot of certain employees of Goulburn Valley Health. An order was separately issued in PR738798.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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