Health Services Union v Melbourne IVF Pty Ltd

[2019] FWC 5469

[2019] FWC 5469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Melbourne IVF Pty Ltd
(B2019/617)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 AUGUST 2019

Proposed protected action ballot of employees of Melbourne IVF Pty Ltd.

[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 Melbourne IVF Pty Ltd (Respondent).

[2] On 5 August 2019, my Associate was advised that the Respondent objected to the application on the basis that particular proposed ballot questions did not describe action that was “industrial action” as defined in s.19 of the Act. On 6 August 2019, the parties agreed to amend ballot questions 18, 19 and 20 and on that basis the Respondent advised that it no longer objected 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 R Kelly 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 PR711074.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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