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

[2024] FWC 620

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

(B2024/197)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 MARCH 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 T/A Healthcare Logistics (Healthcare Logistics or Employer).

On 7 March 2024, the Commission was advised that Healthcare Logistics, 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 on behalf of the UWU, setting out the steps taken by the UWU in bargaining with Healthcare Logistics and that it has been, and is, genuinely trying to reach agreement with them, 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 Democratic Outcomes Pty Ltd T/A CiVS. 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 20 March 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 PR772185.

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 involved 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, 7 working days from the commencement of the Order as sought in the application. Both the ballot agent and the Commission can accommodate that timeframe in the particular circumstances of this matter and a further period was not sought by any party.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Healthcare Supply Partners Pty Ltd, trading as Healthcare Logistics. The Union's application was made to facilitate a ballot for protected action, which would allow the employees to take industrial action if negotiations with the employer, Healthcare Logistics, failed to reach a satisfactory agreement. Healthcare Logistics did not object to the Union's application, and the matter was determined by the Deputy President Hampton on the papers submitted, without the need for a hearing.

The legal issues before the Deputy President involved whether the Union had met the statutory requirements for seeking a protected action ballot under the Fair Work Act. Specifically, the Union needed to demonstrate that it had genuinely attempted to negotiate with the employer and that there was a notification period for the proposed agreement. The Union's declaration, provided by Aaron James Behmer, outlined the steps taken in the bargaining process and confirmed that the Union had been genuinely trying to reach an agreement with Healthcare Logistics. The Deputy President was satisfied that all the requirements of section 443(1) of the Act were met, and therefore, the Union was entitled to proceed with the ballot.

The Deputy President Hampton determined that the closing date for the voting in the ballot would be 20 March 2024, which equates to seven working days from the commencement of the order. This date was agreed upon by both the ballot agent, Democratic Outcomes Pty Ltd trading as CiVS, and the Commission, considering the specific circumstances of the matter. The Deputy President also noted that the ballot period established by this decision would also apply to the compulsory conciliation conference under section 448A of the Act, which would be conducted by another Member of the Commission. Directions may be issued to ensure that the parties are prepared for meaningful negotiations at the conciliation conference.

The final orders of the Deputy President Hampton established the timeline for the ballot and set the closing date for voting on 20 March 2024. The matter was referred to another Member of the Commission to conduct the compulsory conciliation conference and to issue orders for the attendance of bargaining representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established