Health Services Union v Huon Eldercare Limited

[2019] FWC 6596

[2019] FWC 6596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Huon Eldercare Limited
(B2019/1125)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 SEPTEMBER 2019

Proposed protected action ballot of employees of Huon Eldercare Limited.

[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 Huon Eldercare Limited (Respondent).

[2] On 20 September 2019, my Associate was advised that the Respondent did not object to 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 Ms S Swards 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 PR712666.

DEPUTY PRESIDENT

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