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

[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

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).

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]

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 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.

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.

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.

An Order has been separately issued in PR775007.

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

CaseChat Overview and Summary

The Health Services Union, Victoria No. 4 Branch T/A Medical Scientists Association of Victoria (HSU4 or Applicant) applied to the Fair Work Commission under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order regarding certain employees of the Australian Red Cross Society trading as Australian Red Cross Lifeblood (Lifeblood or Employer). The application was made in relation to a proposed agreement and followed separate applications by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Health Services Union, Vic No. 3 Branch (HSU3) for the same proposed agreement. The Commission decided to determine the matter on the papers without holding a hearing after being advised that the Employer did not object to the Application.

The Deputy President considered the material before the Commission, including the declaration of Conor Jack Serong, Industrial Officer, which set out the steps taken by the HSU4 in bargaining with the Employer and confirmed that it had been, and was, genuinely trying to reach agreement. The Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that all the requirements in s.443(1) of the Act had been met. The ballot was to be conducted by TrueVote Pty Ltd, which had been approved as an eligible protected action ballot agent under s 468A of the Act. The Commission determined that the date by which voting was to close was 27 May 2024, which also established the ballot period for the purpose of s.448A(2) of the Act. An Order was separately issued in PR775007, and the matter was assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters.

The Deputy President concluded that the requirements for a protected action ballot order had been met and granted the application. The Order determined the date by which voting was to close and established the ballot period for the purpose of s.448A(2) of the Act. The matter was assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters, and Directions were likely to be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. This decision provided clarity and direction for the parties involved and ensured that the process was conducted in a fair and transparent manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established