Health Services Union v Whitehorse Community Health Service Ltd

[2014] FWC 7692

[2014] FWC 7692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union
v
Whitehorse Community Health Service Ltd
(B2014/1528)

COMMISSIONER JOHNS MELBOURNE, 29 OCTOBER 2014

Proposed protected action ballot of employees of Whitehorse Community Health Service Ltd.

[1] On 28 October 2014 the Health Services Union (HSU) made an application for a protected action ballot order in relation to a group of employees of the Whitehorse Community Health Service Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Health Services Union - Health Professionals - Multi Enterprise Agreement 2009 (Agreement) which passed its nominal expiry date on 30 June 2011.

[5] On 29 October 2014, Employer confirmed in writing that, subject to some amendments it sought to the draft order, it did not object to the Order being issued. Also on 29 October 2014 the HSU confirmed it accepted the Employer’s changes to the draft order.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [PR557180] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR557179>