Health Services Union v Allity Pty Ltd

[2014] FWC 7847

[2014] FWC 7847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Allity Pty Ltd
(B2014/1540)

COMMISSIONER JOHNS MELBOURNE, 5 NOVEMBER 2014

Proposed protected action ballot of employees of Allity Pty Ltd.

[1] On 31 October 2014 the Health Services Union (HSU) made an application for a protected action ballot order in relation to a group of employees of Allity Pty Ltd (Employer).

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

[3] The Employer was 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 the Lendlease Primelife Nurses Enterprise Agreement 2009 and the Lendlease Primelife Health and Allied Services Enterprise Agreement 2009 (Agreements) which both passed their nominal expiry date on 31 March 2013.

[5] On 5 November 2014, Employer confirmed in writing that, subject to the notice period being amended to 4 days, it did not object to the Order being issued. Also on 5 November 2014 the HSU confirmed it accepted the extended notice period.

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

[7] The Order [PR557405] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR557404>