Health Services Union Victoria No. 3 Branch T/A the Victorian Allied Health Professionals Association v RSL Care RDNS Limited T/A Bolton Clarke

[2024] FWC 1611

[2024] FWC 1611

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

RSL CARE RDNS Limited T/A Bolton Clarke

(B2024/783)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 20 JUNE 2024

Proposed protected action ballot of employees of RSL CARE RDNS Limited T/A Bolton Clarke

1. This is an application by the Health Services Union Victoria No. 3 Branch T/A The Victorian Allied Health Professionals Association (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 RSL CARE RDNS Limited T/A Bolton Clarke (Bolton Clarke or Employer).

1. On 19 June 2024, the Commission was advised that the Employer did not 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 Lindsay Ryan, Assistant 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 Bolton Clarke, 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 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.

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 11 July 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking certain forms of industrial action set out in questions 12 and 13 of Clause 5 the Order made by the Commission. The default period of three working days written notice will apply to the remaining forms of action arising from the ballot question.

1. An Order has been separately issued in PR776216.

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

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