| [2022] FWC 867 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Health Services Union
v
Peninsula Health
(B2022/315)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 13 APRIL 2022 |
Proposed protected action ballot of employees of Peninsula Health.
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 Peninsula Health (the Respondent).
On 13 April 2022, I held a mention where the Respondent advised it did not object to the application. However, it raised a number of concerns in relation to the form and content of the draft order. The parties were able to reach a consent position.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
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.
The Applicant sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is TrueVote Pty Ltd (TrueVote). I am satisfied that TrueVote is a fit and proper person to conduct the ballot. I am also satisfied that TrueVote is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. TrueVote has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.
Therefore I appoint TrueVote as the protected action ballot agent.
An order has been separately issued in PR740367.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR740366>
- AGLC
- Health Services Union v Peninsula Health [2022] FWC 867
- Case
- [2022] FWC 867
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Deputy President was whether the conditions for a protected action ballot were met. This involved verifying that the union had genuinely attempted to reach an agreement with the employer, that the notification time for the proposed agreement had been met, and that the requirements under section 443(1) of the Act were satisfied. Additionally, the court needed to determine whether the proposed ballot agent, TrueVote Pty Ltd, was fit and proper to conduct the ballot.
In deciding the matter, the Deputy President considered the declaration of Mr Craig McGregor of the Health Services Union, which detailed the union's bargaining efforts with Peninsula Health. The union had been genuinely attempting to reach an agreement and had met the notification time for the proposed agreement. The Deputy President was satisfied that the requirements under section 443(1) of the Act had been met. Furthermore, the Deputy President concluded that TrueVote was a fit and proper person to conduct the ballot, capable of ensuring the secrecy and security of the votes, and bound to comply with the Privacy Act 1998.
TrueVote was appointed as the protected action ballot agent, and an order was issued separately in PR740367. This decision ensures that the ballot process will proceed in accordance with the requirements of the Fair Work Act 2009.
Orders
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