| [2022] FWC 870 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Health Services Union
v
Royal Victorian Eye & Ear Hospital
(B2022/318)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 13 APRIL 2022 |
Proposed protected action ballot of employees of Royal Victorian Eye & Ear Hospital.
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 Royal Victorian Eye & Ear Hospital (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 PR740373.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR740372>
- AGLC
- Health Services Union v Royal Victorian Eye & Ear Hospital [2022] FWC 870
- Case
- [2022] FWC 870
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included whether the HSU had provided adequate notification time as required by section 443(1) of the Act, and whether TrueVote Pty Ltd, the proposed ballot agent, was a fit and proper person to conduct the ballot. The RVEEH did not object to the application but raised concerns about the form and content of the draft order. These concerns were subsequently resolved through negotiations between the parties, leading to a consent position.
The FWC Deputy President determined that the HSU had fulfilled the necessary requirements for a protected action ballot. The FWC was satisfied that the notification time had been met and that TrueVote was an appropriate choice for the ballot agent. TrueVote agreed to comply with the Privacy Act 1998 regarding the handling of ballot information, ensuring the secrecy and security of the votes. Consequently, the FWC appointed TrueVote as the ballot agent for the protected action ballot.
In conclusion, the FWC granted the HSU's application for a protected action ballot order and appointed TrueVote Pty Ltd as the ballot agent. The decision was made on the papers without a formal hearing, following the resolution of the parties' concerns. The FWC's order was issued separately as PR740373.
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