Health Services Union v Epworth Medical Imaging Pty Ltd

[2023] FWC 2981

[2023] FWC 2981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Health Services Union

v

Epworth Medical Imaging Pty Ltd

(B2023/1251)

DEPUTY PRESIDENT WRIGHT SYDNEY, 15 NOVEMBER 2023

Proposed protected action ballot of employees of Epworth Medical Imaging Pty Ltd

1. This is an application by the Health Services Union (HSU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Epworth Medical Imaging Pty Ltd (Epworth or Employer).

1. On 15 November 2023, the Commission was advised that Epworth, in effect, did not object to the 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 Ms Lindsay Ryan, HSU Assistant Branch Secretary, setting out the steps taken by the HSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Epworth, 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. The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 6 December 2023.[2] This also established the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR768277.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] TrueVote Pty Ltd [2023] FWC 1446.

[2] This is, in effect, fifteen (15) working days from Commencement Date of the Order, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR768276>