Health Services Union v Cura Day Hospitals Group Pty Ltd T/A Ballarat Day Procedure Centre

[2021] FWC 1592

[2021] FWC 1592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Cura Day Hospitals Group Pty Ltd T/A Ballarat Day Procedure Centre
(B2021/189)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 MARCH 2021

Proposed protected action ballot of employees of Cura Day Hospitals Group Pty Ltd T/A Ballarat Day Procedure Centre.

[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 Cura Day Hospitals Group Pty Ltd (Respondent).

[2] On 23 March 2021, 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 declaration of Mr Dean Andrew Sherriff 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 PR728044.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR728043>