Health Services Union v I-MED Victoria Pty Ltd

[2025] FWC 1033

[2025] FWC 1033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Health Services Union
v

I-MED Victoria Pty Ltd

(B2025/620)

DEPUTY PRESIDENT COLMAN MELBOURNE, 11 APRIL 2025

Proposed protected action ballot of employees of I-MED Victoria Pty Ltd

1. This is an application by the Health Services Union (HSU) made under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of I-MED Victoria Pty Ltd (I-MED).

1. On 10 April 2025, the Commission was advised that I-MED objected to the application and wished to be heard. However, on 11 April 2025, the parties confirmed that they had reached a consent position. 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 Craig McGregor, branch secretary of the HSU, which sets out the steps taken by the HSU in bargaining with I-ME, I am satisfied that the HSU has been, and is, genuinely trying to reach agreement with I-MED. 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 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.

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 15 working says from the date of the order, which is 2 May 2025. This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. An Order has been separately issued in PR786051.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<PR786050>