United Workers' Union v Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics

[2024] FWC 1981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics

(B2024/947)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 JULY 2024

Proposed protected action ballot of employees of Healthcare Supply Partners Pty Ltd

This is an application by the United Workers’ Union (UWU 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 Healthcare Supply Partners Pty Ltd trading as Healthcare Logistics (Healthcare Logistics or Employer).

On 26 July 2024, the Commission was advised that the Employer, in effect, 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 Aaron James Behmer, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Healthcare Logistics, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 15 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777540.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in 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] This is, in effect, 14 working days from the making of the Order and was the period sought in the draft order and confirmed with the parties.

Printed by authority of the Commonwealth Government Printer

< PR777542>

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by the United Workers’ Union (UWU) for a protected action ballot order under the Fair Work Act 2009. The application was against Healthcare Supply Partners Pty Ltd, trading as Healthcare Logistics, concerning a proposed protected action ballot of certain employees. The employer did not object to the application, and the FWC decided to determine the matter on the basis of the documents submitted. The UWU had demonstrated that it had been genuinely attempting to reach an agreement with the employer and had met all requirements under section 443(1) of the Act. The ballot was to be conducted by Democratic Outcomes Pty Ltd, which was approved as a ballot agent under section 468A of the Act.

The legal issues before the FWC included whether the UWU had followed the necessary procedures to request a protected action ballot and if the requirements of section 443(1) of the Fair Work Act were satisfied. The UWU needed to show that it had attempted to reach an agreement with the employer and that a notification period existed for the proposed agreement. Additionally, the FWC had to determine the appropriate date for the closure of voting, as mandated by section 443(3)(c) of the Act. The FWC confirmed that all requirements were met and that the ballot period should conclude by 15 August 2024, effectively 14 working days from the issuance of the order.

The FWC found that the UWU had fulfilled all necessary criteria and granted the application for a protected action ballot. The FWC established the closing date for voting and authorised Democratic Outcomes Pty Ltd to conduct the ballot. Furthermore, the FWC decided to assign another member of the Commission to conduct a compulsory conciliation conference as part of the process outlined in section 448A of the Fair Work Act. This member would issue an order requiring the attendance of all bargaining representatives and likely issue directions to facilitate meaningful negotiations between the parties. The matter was subsequently assigned to another member of the Commission, as noted in the issued Order PR777540.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established