Health Services Union v Victorian Institute of Forensic Mental Health Trading as Forensicare

[2025] FWC 715

[2025] FWC 715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union
v

Victorian Institute of Forensic Mental Health Trading as Forensicare

(B2025/468)

COMMISSIONER REDFORD MELBOURNE, 13 MARCH 2025

Proposed protected action ballot of employees of Victorian Institute of Forensic Mental Health

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 Victorian Institute of Forensic Mental Health (Forensicare or Employer).

1. During the course of 12 March 2025 email correspondence was engaged between HSU, Forensicare and the Commission within which it appeared Forensicare objected to the application on the basis of the form of some of the questions proposed. Some of this controversy was resolved, but by the afternoon, it did not appear there was an accord in relation to three of the proposed questions. The matter was allocated to my chambers, and I listed hearing to occur on 13 March 2025 in order to determine the application.

1. During the morning of 13 March 2025, I was advised that there is no objection to the application by Forensicare. Both parties also confirmed their agreement to the form of a draft Order.

1. On the basis of the material before me, including the declaration of Paul Healey, State Secretary, 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 Forensicare, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act 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 25 March 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR785151.

1. In due course, the Commission will take the steps necessary to conduct the s.448A compulsory conciliation conference. An Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference will be issued.  It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

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