Health Services Union v The Australian Red Cross Society T/A Australian Red Cross Lifeblood

[2022] FWC 1847

[2022] FWC 1847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Health Services Union
v

The Australian Red Cross Society T/A Australian Red Cross Lifeblood

(B2022/682)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 JULY 2022

Proposed protected action ballot of employees of The Australian Red Cross Society T/A Australian Red Cross Lifeblood.

1. 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 The Australian Red Cross Society T/A Australian Red Cross Lifeblood. (the Respondent).

1. On 14 July 2022, the Respondent initially advised my Chambers that it did not object to the protected action ballot order being made. However, it raised a concern in relation to the form and content of the order, specifically the industrial action identified in actions 1, 2, 3, 4 and 6 of the proposed order. The Respondent also sought an extension of the notice period required for the taking of industrial action from 3 working days to 7 working days in relation to the industrial action identified in actions 5, 7 and 9 of the proposed order (subject to the Commission being satisfied it is appropriate to extend the notice period). I determined a Mention should be conducted, during which I discussed the above matters with the parties and others subsequently raised.

1. Following the Mention, the Applicant consented to an extension of the notice period required for the taking of industrial action identified in actions 5 and 7 of the proposed order and the Respondent withdrew its objection.

1. With the parties having resolved the various matters raised, I have proceeded 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 Andrew Hewat 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.

1. 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 Mr Stephen Donaldson (Business Owner of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson 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.

1. Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent.

1. An order has been separately issued in PR743796.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR743795>