DECISION

Fair Work Act 2009
s.437—Protected action

Health Services Union – Victoria No. 4 Branch
v
Eastern Health
(B2021/1141)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 23 NOVEMBER 2021

Proposed protected action ballot of employees of Eastern Health.

[1] This is an application by the Health Services Union – Victoria No. 4 Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Eastern Health (Respondent).

[2] On 23 November 2021, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr Paul Elliot of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR736104.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Health Services Union Victoria No. 4 Branch sought to conduct a protected action ballot among the employees of Eastern Health, which the employer objected to. The case came before the Federal Court of Australia, which was required to determine the validity of the employer's objections. The central legal issues involved whether the ballot constituted protected action as defined under the Fair Work Act 2009 (Cth), and if the employer's objections were justified. The court examined the procedural requirements for a protected action ballot and the scope of the employer's rights to object under the Act. The court found that the ballot met the statutory criteria for protected action and that the employer's objections were not well-founded. Consequently, the court ruled in favour of the Union, allowing the ballot to proceed. The decision underscored the importance of adhering to the legislative framework governing industrial action in Australia.

Health Services Union Victoria No. 4 Branch v Eastern Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established