Health Services Union v Australian Capital Territory

[2023] FWC 1398

[2023] FWC 1398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Australian Capital Territory

(B2023/573)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 JUNE 2023

Proposed protected action ballot of employees of Australian Capital Territory

1. This is an application by the Health Services Union (HSU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Australian Capital Territory (ACT). The application was subsequently amended to confirm the identity of the respondent employer.

1. The Commission has been advised that the Respondent did not object to the amended 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 Andrew Gallagher, Industrial Officer, of the HSU, 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 all of the requirements in s.443(1) of the Act have been met.

1. I observe that some of the action proposed in the ballot questions may only be industrial action if it were to be taken in a manner that meets the definition of industrial action in s.19 of the Act.

1. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order has been established by the Commission.[1]

1. An order has been separately issued in PR763068.

DEPUTY PRESIDENT

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR763069>