State of Victoria (Department of Human Services) v Health Services Union

[2012] FWA 9965

[2012] FWA 9965

FAIR WORK AUSTRALIA

RECOMMENDATION

Fair Work Act 2009
s.240—Bargaining dispute

State of Victoria (Department of Human Services)
v
Health Services Union
(B2012/1029)

COMMISSIONER ROE MELBOURNE, 23 NOVEMBER 2012

Health Service Union t/as Health and Community Services Union.

[1] Pursuant to s.240 of the Fair Work Act 2009 (Cth) (‘the Act’) and an Application by the Department of Human Services, the Tribunal recommends:

1. On 25 October 2012 the Department of Human Services (DHS) made application to the Tribunal to deal with a bargaining dispute. The DHS and the Health and Community Services Union (HACSU) have met on five occasions and talks are progressing. It is my view that negotiations will be benefited by further conciliations and dates are set aside for this to occur.

2. HACSU have informed their members that a state wide meeting will occur on 6 December 2012 for the purposes of reporting back to their membership. One option for HACSU would be to notify DHS of protected action to cover the period of the report back meeting. I understand this would cause a level of concern to DHS which may trigger other legal responses. Given the state of negotiations I do not consider this would be conducive of the parties attempting to reach an agreement. I note that the union previously called for a state wide meeting to occur on 27 November 2012 and re-scheduled this date to allow negotiations to progress.

3. The tribunal is of the view that discussions between the parties would benefit from the union report back meeting and that this report back meeting not occur as a stoppage of work.

4. In order to facilitate HACSU reporting and communicating with its members through a direct meeting I recommend HACSU not activate protected industrial action and in return that the DHS facilitate attendance at the report back meeting on 6 December 2012 having regard to DHS’ operational requirements and its need to provide continuity of service. If any issue arises between the parties in relation to this meeting I will avail myself to provide further assistance.

COMMISSIONER

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