Health Services Union v Qscan Group Holdings Newco Pty Ltd T/A North Coast Radiology Group

[2023] FWC 1900

[2023] FWC 1900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Qscan Group Holdings Newco Pty Ltd T/A North Coast Radiology Group

(B2023/776)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 1 AUGUST 2023

Proposed protected action ballot of employees of Qscan Group Holdings Newco Pty Ltd

1. This is an application by the Health Services Union (HSU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Qscan Group Holdings Newco Pty Ltd T/A North Coast Radiology Group (Qscan or Employer). 

1. A previous application (B2023/766) was filed on 28 July 2023 and subsequently discontinued by the Applicant due to uncertainty around service upon the Ballot Agent as required by s.440 of the Act and to address particular concerns raised by the Employer.

1. On 1 August 2023, the Commission was advised that Qscan, in effect, did not object to the current 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 Ms Elizabeth McDonald, HSU Organiser, 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 Qscan, 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (1 August 2023) has been established by this Commission.[1]  

1. An Order has been separately issued in PR764791.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] This is the minimum period required by the Australian Electoral Commission.

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