s.437 - Protected action

Healius Pathology Pty Ltd Trading AS Dorevitch Pathology

Proposed protected action ballot of employees of Healius Pathology Pty Ltd Trading AS Dorevitch Pathology

[1] This is an application by the Phlebotomists Council of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Healius Pathology Pty Ltd Trading AS Dorevitch Pathology (Respondent).

• [2] I note that the Applicant has previously made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

[3] On 2 March 2026, the Commission was advised that the Employer, in effect, did not object 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 Rebecca Luxton, Independent Bargaining Representative, setting out the steps taken by the Applicant 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 all of the requirements in s.443(1) of the Act have been met.

[6] The ballot is to be conducted by TrueVote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and 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 16 March 2026. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] An Order has been separately issued in PR797309.

[9] 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.

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