NEWS-HR

The Health Services Union and Optia Limited T/A Possability have a s.739 (application to deal with a dispute) on foot before Fair Work Deputy President Masson (video using Microsoft Teams) in Melbourne.

Beechworth Health Service has a s.394 (Application for unfair dismissal remedy) to defend before Fair Work Commissioner Wilson (Video using Microsoft Teams) in Melbourne (Rye)

St John of God Heath Care is battling a s.394 (Application for unfair dismissal remedy) before Commissioner Bissett by Telephone AEDT (VIC Time) in Melbourne (Szentandrassy)

Fair Work Act 2009 s.437—Protected action. United Workers’ Union v RSL Care RDNS Limited T/A Bolton Clarke and Bolton Clarke – Allity. DEPUTY PRESIDENT CLANCY – MELBOURNE, 7 APRIL 2022. [1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of RSL Care RDNS Limited T/A Bolton Clarke and Bolton Clarke – Allity (the Respondent).. [2] On 7 April 2022, my Associate was advised that the Respondent would not object to the application subject to an amendment to question 2 of the draft order. On the same day, the Applicant confirmed it was agreeable to the proposed amendment to question 2. . [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 Alen Clifford 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] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M Michael, the Managing Director of CiVs has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVs has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.. [6] Therefore I appoint CiVS as the protected action ballot agent.. [7] An order has been separately issued in PR740133.

Roseberry Community Services Limited T/A Roseberry Qld is set to defend a s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Moltoni In Chambers in Brisbane (Hamilton)

LiveBetter Services Ltd has a s.739 (Application to deal with a dispute) set down for hearing before Commissioner Matheson by telephone (AEDT) in Sydney (Roslyn Anne Drinkwater)

Anglican Community Care Inc has a s.394 (application for unfair dismissal remedy) to answer today before Deputy President Anderson by telephone ACST (SA Time) in Adelaide (Kaydee – Leigh Rogers).

Australian Community Support Organisation Ltd has a s.394 (application for unfair dismissal remedy) to defend before Deputy President Lake by telephone (QLD Time) in Brisbane (Brianna Corcoran).