Health Services Union v Genesis Cancer Care Victoria Pty Ltd Summary

[2024] FWC 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Genesis Cancer Care Victoria Pty Ltd

(B2024/535)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 MAY 2024

Proposed protected action ballot of employees of Genesis Cancer Care Victoria Pty Ltd

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 Genesis Cancer Care Victoria Pty Ltd (Genesis or Employer).

On 14 May 2024, the Commission was advised that the Employer did not object to the Application.

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

On the basis of the material before me, including the declaration of Craig McGregor, 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 Genesis, 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.

The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 4 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR774976.

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 for 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] This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Health Services Union (HSU) has applied to the Fair Work Commission (FWC) for a protected action ballot order in relation to certain employees of Genesis Cancer Care Victoria Pty Ltd (Genesis). The HSU has sought the order under section 437 of the Fair Work Act 2009 (Act). Genesis did not object to the application and the matter was determined by the FWC on the papers without a hearing. The FWC found that the HSU had met the requirements for the application and granted the order. The ballot is to be conducted by TrueVote Pty Ltd, which has been approved as an eligible protected action ballot agent under the Act.

The legal issues before the FWC were whether the HSU had met the requirements to apply for the ballot order and whether the FWC should grant the order. The FWC considered the declaration of Craig McGregor, Branch Secretary of the HSU, which outlined the steps taken by the HSU in bargaining with Genesis and that it had been, and was, genuinely trying to reach agreement with Genesis. The FWC was also satisfied that all the requirements in section 443(1) of the Act had been met, including the notification time in relation to the proposed agreement. The FWC concluded that the HSU had met the requirements for the application and granted the order. The FWC also determined the date by which voting is to close, being 4 June 2024, and assigned the matter to another Member of the Commission to conduct the compulsory conciliation conference.

The FWC has granted the HSU's application for a protected action ballot order in relation to certain employees of Genesis. The ballot is to be conducted by TrueVote Pty Ltd and voting is to close on 4 June 2024. The matter will be assigned to another Member of the Commission to conduct the compulsory conciliation conference, and Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. The FWC's decision provides clarity and certainty to the parties involved in the dispute and ensures that the employees' right to vote in the ballot is protected.

Health Services Union v Genesis Cancer Care Victoria Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established