Health Services Union v Illawarra Retirement Trust (IRT)

[2018] FWC 1278

[2018] FWC 1278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Illawarra Retirement Trust (IRT)
(B2018/134)

VICE PRESIDENT CATANZARITI SYDNEY, 2 MARCH 2018

Proposed protected action ballot by employees of Illawarra Retirement Trust.

[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 Illawarra Retirement Trust (Respondent).

[2] On 2 March 2018, my associate was advised that the parties had come to an agreement regarding the contents of the ballot, and in that respect the Respondent is no longer objecting 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 Mr R Millington 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 PR600818.

VICE PRESIDENT

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