Health Services Union v Genesis Cancer Care WA Pty Limited Trading as Genesiscare

[2025] FWC 3062

[2025] FWC 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Genesis Cancer Care WA Pty Limited Trading As Genesiscare

(B2025/1573)

DEPUTY PRESIDENT WRIGHT SYDNEY, 13 OCTOBER 2025

Proposed protected action ballot of employees of Genesis Cancer Care WA Pty Ltd – non-AEC ballot electronic voting

1. This is an application by the WA branch of 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 WA Pty Limited (GenesisCare or Employer).

1. On 10 October 2025, the Commission was advised that the Employer, 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 Jason Walters, Private Sector Coordinator, 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 GenesisCare, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act 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 27 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR792607.

2. 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 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] The date sought in the application was 24 October 2025 which is 10 working days from the date of the application. This has been adjusted to 27 October 2025 which is 10 working days from the date of the Order.

Printed by authority of the Commonwealth Government Printer

<PR792608>