Health Services Union Victoria No. 3 Branch T/A The Victorian Allied Health Professionals Association v

[2024] FWC 1264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union Victoria No. 3 Branch T/A The Victorian Allied Health Professionals Association
v

Australian Red Cross Society T/A Australian Red Cross Lifeblood (B2024/538)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 MAY 2024

Proposed protected action ballot of employees of Australian Red Cross Society

This is an application by the Health Services Union Victoria Number 3 Branch (HSU3 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 Australian Red Cross Society T/A Australian Red Cross Lifeblood (Lifeblood or Employer).

I note that the Health Services Union Victoria Number 4 Branch (HSU4) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have each made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

On 14 May 2024, the Commission was advised that the Employer did not object to the Application.

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 Craig McGregor, Branch Secretary, setting out the steps taken by the HSU3 in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Lifeblood, 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.

The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 5 June 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR775014.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters B2024/536, B2024/537. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance in 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] B2024/536, B2024/537

[2] This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals Association (Applicant), made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to employees of the Australian Red Cross Society, trading as Australian Red Cross Lifeblood (Employer). The proposed action involved a ballot for employees to vote on taking protected industrial action. This application followed separate applications by the Health Services Union Victoria No. 4 Branch and the Association of Professional Engineers, Scientists and Managers, Australia for ballot orders concerning the same proposed agreement.

The court had to decide whether the requirements of section 443(1) of the Fair Work Act were met, including the notification time for the proposed agreement and the genuine attempt of the Applicant to reach an agreement with the Employer. Additionally, the court had to determine whether the ballot agent, TrueVote Pty Ltd, was approved and authorised to conduct the ballot under section 468A of the Act. The court also needed to set the date by which voting was to close, as per section 443(3)(c) of the Act.

The Deputy President of the Fair Work Commission, Hampton, decided to determine the matter on the papers without holding a hearing, as the Employer did not object to the Application. The court found that all requirements in section 443(1) of the Act had been met, including the notification time for the proposed agreement and the genuine attempt of the Applicant to reach an agreement with the Employer. The Deputy President also confirmed that TrueVote was approved and authorised to conduct the ballot. Consequently, the court issued an order that voting was to close by 5 June 2024. The matter will be assigned to another Member of the Commission to conduct a compulsory conciliation conference along with related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established