Health Services Union v The Hobart Clinic Association Limited T/A the Hobart Clinic

[2024] FWC 1079

[2024] FWC 1079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

The Hobart Clinic Association Limited T/A The Hobart Clinic

(B2024/482)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 APRIL 2024

Proposed protected action ballot of employees of The Hobart Clinic Association Limited T/A The Hobart Clinic

1. This is an application by the Health Services Union (HSU or 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 Hobart Clinic Association Limited T/A The Hobart Clinic (Hobart Clinic or Employer).

1. On 24 April 2024, the Commission was advised that the Employer did not, in effect, object to the 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 Desmond Marcenko, Industrial 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 it, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 13 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I have reordered the order of Clauses six (6) and eight (8) of the draft order to align with the Commission's standard drafting style. I have also amended Clauses 6.3 and 7.3 of the Order to reflect the statutory requirements of Regulation 3.15 of the Fair Work Regulations 2009.

1. An Order has been separately issued in PR774262.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement 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] [2023] FWC 1400.

[2] This is as sought in the application and it is, in effect, eleven (11) working days from the date of the Order.

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