Health Services Union v Melbourne Pathology Pty Ltd T/A Melbourne Pathology

[2024] FWC 708

[2024] FWC 708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Melbourne Pathology Pty Ltd T/A Melbourne Pathology

(B2024/224)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 MARCH 2024

Proposed protected action ballot of employees of Melbourne Pathology Pty Ltd T/A Melbourne Pathology

1. This is an application by the Health Services Union (HSU or 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 Pathology Pty Ltd T/A Melbourne Pathology (Melbourne Pathology or Employer). 

1. On 18 March 2024, the Commission was advised that Melbourne Pathology did not, in effect, object to the Application.

1. 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 Mr Conor Serong, Industrial Officer, setting out the steps taken by the HSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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 the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 4 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I have reordered the numbering of Clauses six (6) to eight (8) of the proposed order to conform with the Commission’s standard drafting style.

1. An Order has been separately issued in PR772509.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, 7 working days after the expected Commencement Date of the ballot (10 working days from the making of this order), as sought in the application.  

Printed by authority of the Commonwealth Government Printer

<PR772510>