Health Services Union-Victoria No. 3 Branch v Radploy Pty Ltd T/A Lake Imaging

[2020] FWC 495

[2020] FWC 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Health Services Union-Victoria No. 3 Branch
v
Radploy Pty Ltd T/A Lake Imaging
(B2020/46)

COMMISSIONER MCKINNON MELBOURNE, 31 JANUARY 2020

Proposed protected action ballot of employees of Radploy Pty Ltd.

[1] The Health Services Union-Victoria No. 3 Branch has applied for a protected action ballot order in relation to certain employees of Radploy Pty Ltd T/A Lake Imaging. Following discussion between the parties, Lake Imaging has advised that it does not oppose the application. Accordingly, the matter will be determined on the papers without holding a hearing.

[2] On the basis of the material before me, including the statutory declaration of Mr Craig McGregor in relation to steps taken in bargaining for a single enterprise agreement between the parties, I am satisfied that:

1. there is a notification time in relation to the proposed agreement; and
2. the Union has been, and is, genuinely trying to reach agreement with Lake Imaging; and
3. the various requirements in Subdivision B of Part 3-3 of the Act conditioning the power to make orders have been met in this case.

[3] The result is that a protected action ballot order must be made. Order PR716298 will issue separately and comes into effect today.

COMMISSIONER

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