Health Services Union v DPV Health Ltd T/A Dianella Community Health

[2018] FWC 1476

[2018] FWC 1476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
DPV Health Ltd T/A Dianella Community Health
(B2018/165)

VICE PRESIDENT CATANZARITI ALICE SPRINGS, 13 MARCH 2018

Proposed protected action ballot of employees of Dianella Community Health.

[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 DPV Health T/A Dianella Community Health (Respondent).

[2] On 13 March 2018, my Associate was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr C McGregor 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 PR601096.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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