| [2022] FWC 869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Health Services Union
v
Peter MacCallum Cancer Institute
(B2022/317)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 13 APRIL 2022 |
Proposed protected action ballot of employees of Peter MacCallum Cancer Institute.
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 Peter MacCallum Cancer Institute (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 PR740371.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR740370>
- AGLC
- Health Services Union v Peter MacCallum Cancer Institute [2022] FWC 869
- Case
- [2022] FWC 869
- Decision Date
CaseChat Overview and Summary
The legal issues before the Deputy President involved determining whether the notification time for the proposed agreement had been met, and if the requirements of section 443(1) of the Fair Work Act 2009 had been satisfied. Additionally, the court had to decide on the suitability of the proposed ballot agent, TrueVote Pty Ltd, to conduct the ballot. The Applicant argued that TrueVote was a fit and proper person to conduct the ballot, ensuring the secrecy and security of the votes and conducting the ballot expeditiously. The Respondent did not oppose the appointment of TrueVote as the ballot agent.
The Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met. The Deputy President also found that TrueVote was a fit and proper person to conduct the ballot and was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. TrueVote had agreed to be the protected action ballot agent and was bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.
Therefore, the Deputy President appointed TrueVote as the protected action ballot agent. An order was separately issued in PR740371.
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