Health Services Union v I-Med Victoria Pty Ltd

[2021] FWC 6140

[2021] FWC 6140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
I-MED Victoria Pty Ltd
(B2021/1003)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 OCTOBER 2021

Proposed protected action ballot of employees of I-MED Radiology Network Limited T/A I-MED Radiology Network.

[1] This is an application by the Health Services Union Victoria No. 3 Branch (Applicant) 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 (Respondent).

[2] On 14 October 2021, my Associate was advised that the Respondent objected to the application. However, on 15 October 2021, the parties were able to reach a consent position.

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

[4] On the basis of the material before me, including the declaration of Mr Craig McGregor 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 PR734966.

DEPUTY PRESIDENT

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