Health Services Union v Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare and Swan Hill District Health
[2024] FWC 3289
•27 NOVEMBER 2024
| [2024] FWC 3289 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Health Services Union
v
Albury Wodonga Health, Barwon Health, Dental Health Services Victoria, Grampians Health, Monash Health, Northeast Health Wangaratta, South West Healthcare and Swan Hill District Health
(B2024/1551)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 27 NOVEMBER 2024 |
Proposed protected action ballots of employees of Albury Wodonga Health and 7 other Victorian Public Sector healthcare entities that are employed as dental therapists, dental hygienists and oral health therapists’
This decision concerns an application by the Health Services Union (HSU or Applicant) made, in effect, under s.437A of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of the employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Fair Work Commission (Commission) on 19 June 2024.[1]
The ballot application relates to 8 Victorian Public Sector Healthcare employers that are authorised to bargain together via the SIEA covering 19 employer Respondents. They are as follows (collectively, the Employers):
Albury Wodonga Health
Barwon Health
Dental Health Services Victoria
Grampians Health
Monash Health
Northeast Health Wangaratta
South West Healthcare
Swan Hill District Health
A further 11 employers are named in the relevant SIEA but are not parties to this application.
On 27 November 2024, the Commission was advised that the Employers, in effect, did not object to the Application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Craig McGregor, Branch Secretary of the HSU Victoria No.3 Branch, setting out the steps taken by the HSU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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.
The ballots are to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots.
For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each ballot is 11 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued for each individual employer as set out in Appendix A.
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 in 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
Appendix A
| Employer | Print Number of Order |
| Albury Wodonga Health | PR781712 |
| Barwon Health | PR781713 |
| Dental Health Services Victoria | PR781727 |
| Grampians Health | PR781714 |
| Monash Health | PR781716 |
| Northeast Health Wangaratta | PR781717 |
| South West Healthcare | PR781718 |
| Swan Hill District Health | PR781719 |
[1] B2024/723 and PR776072.
[2] This is, in effect, 10 working days from the making of the Orders and was the period sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR781734>
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