s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of St Luke's Care

• [1] This is an application by the Health Services Union (HSU or Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of St Luke's Care (St Luke's or Employer).

• [2] On 8 May 2025, the Commission was advised that the Employer objected to the Application.

• [3] However, during a Telephone Conference on 9 May 2025, the Employer advised that it withdrew its objection to the Application.

• [4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Prudence Irvine, Organiser, setting out the steps taken by the HSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with St Luke's, 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.

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

• [7] 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 23 May 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR787169.

• [9] A notice of listing will issue shortly for a s.448A compulsory conciliation conference on 15 May 2025. An Order will be issued requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference.

[1] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer