Health Services Union v Global Diagnostics (Australia) Pty Ltd T/A Apex Radiology

[2024] FWC 1315

[2024] FWC 1315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Health Services Union
v

Global Diagnostics (Australia) Pty Ltd T/A Apex Radiology

(B2024/558)

COMMISSIONER MIRABELLA MELBOURNE, 20 MAY 2024

Proposed protected action ballot of employees of Global Diagnostics (Australia) Pty Ltd trading as Apex Radiology.

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 Global Diagnostics (Australia) Pty Ltd trading as Apex Radiology (Employer).

1. On 17 May 2024, the Employer advised the Fair Work Commission that they do not object to this 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 Co-Ordinator, setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the Employer, 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.

1. The ballot is to be conducted by Vero Engagement And Voting Solutions Pty Ltd (Vero). Vero 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 7 June 2024.[1] This also establishes the ballot period for the purposes of s.448A(2) of the Act.

1. An order has been separately issued in PR775162.

1. This matter will proceed to a s.448A compulsory conciliation conference before me on a date and time to be fixed. I 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.

COMMISSIONER

[1] This is, in effect, fourteen (14) working days from the date of the order.

Printed by authority of the Commonwealth Government Printer

<PR775160>