The Association of Professional Engineers, Scientists and Managers, Australia v Eastern Health

[2018] FWC 4840

[2018] FWC 4840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Eastern Health
(B2018/695)

VICE PRESIDENT CATANZARITI DARWIN, 16 AUGUST 2018

Proposed protected action ballot of employees of Eastern Health.

[1] This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (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 15 August 2018, the Fair Work Commission was advised that the Respondent does not oppose 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 statutory declaration of Mr A Gounis 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 PR610041.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR610042>