Health Services Union Victoria No.4 Branch T/A Medical Scientists Association of Victoria v

[2024] FWC 1262

[2024] FWC 1262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Health Services Union Victoria No.4 Branch T/A Medical Scientists Association of Victoria
v

Australian Red Cross Society T/A Australian Red Cross Lifeblood (B2024/536)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 MAY 2024

Proposed protected action ballot of employees of Australian Red Cross Society

1. This is an application by the Health Services Union, Victoria No. 4 Branch T/A Medical Scientists Association of Victoria (HSU4 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 Australian Red Cross Society trading as Australian Red Cross Lifeblood (Lifeblood or Employer).

1. I note that the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Health Services Union, Vic No. 3 Branch (HSU3) have each made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 14 May 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 Conor Jack Serong, Industrial Officer, setting out the steps taken by the HSU4 in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, 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 the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act,^[2] 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 27 May 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775007.

1. 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 (B2024/537, B2024/538). 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] B2024/537, B2024/538

[2] TrueVote Pty Ltd [2023] FWC 1446.

[3] This is seven days after the anticipated commencement date of the ballot, as sought in the application. 

Printed by authority of the Commonwealth Government Printer

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