Health Services Union v Clinical Laboratories Pty Ltd

[2020] FWC 1447

[2020] FWC 1447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Clinical Laboratories Pty Ltd
(B2020/170)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 MARCH 2020

Proposed protected action ballot of employees of Clinical Laboratories Pty Ltd.

[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 Clinical Laboratories Pty Ltd (Respondent).

[2] On 18 March 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr S Crawford 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.

[5] An order has been separately issued in PR717596.

DEPUTY PRESIDET

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