s.437 - Protected action

Proposed protected action ballot of employees of I-MED Victoria Pty Ltd

• [1] This is an application by the Health Services Union (HSU) made under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of I-MED Victoria Pty Ltd (I-MED).

• [2] On 10 April 2025, the Commission was advised that I-MED objected to the application and wished to be heard. However, on 11 April 2025, the parties confirmed that they had reached a consent position. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [3] On the basis of the material before me, including the declaration of Craig McGregor, branch secretary of the HSU, which sets out the steps taken by the HSU in bargaining with I-ME, I am satisfied that the HSU has been, and is, genuinely trying to reach agreement with I-MED. 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.

• [4] The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.

• [5] 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 working says from the date of the order, which is 2 May 2025. This also establishes the ballot period for the purpose of s 448A(2) of the Act.

• [6] An Order has been separately issued in PR786051.

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