1 Fair Work Act 2009 s.437—Protected action Health Services Union v IBIS (No 3) Pty Ltd T/A Wynyard Care Centre (B2017/208) DEPUTY PRESIDENT WELLS HOBART, 17 MARCH 2017 Proposed protected action ballot of employees of Synovum Care Group t/as Wynyard Care Centre. Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The Health Services Union is to hold a protected action ballot of employees of IBIS (No 3) Pty Ltd T/A Wynyard Care Centre described in clause 3 of this order. 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission. 3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED The group or groups of employees to be balloted are non-nursing (general staff) and nursing employees of IBIS (No 3) Pty Ltd trading as Wynyard Care Centre who will be covered by the proposed agreement, who are members of the HSU and for whom the HSU is a bargaining representative. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is no later than 20 working days from the date of this order. 5. QUESTIONS The question(s) to be put to voters in the ballot are: “In support of reaching an enterprise agreement with your employer, do you endorse the taking of protected industrial action by Health Services Union, Tasmania Branch members against your employer, to be taken separately, concurrently and/or PR591134 ORDER PR591134 2 consecutively, in the form of: a. Indefinite or periodic bans on delivering linen and any items to be laundered to the laundry? Yes [ ] No [ ] b. Indefinite or periodic bans on collecting clean linen from the laundry and returning it to residents? Yes [ ] No [ ] c. Indefinite or periodic bans on emptying rubbish binds in the kitchen? Yes [ ] No [ ] d. Indefinite or periodic bans on vacuuming foyer areas and/or management offices? Yes [ ] No [ ] e. Indefinite or periodic bans on catering for management functions? Yes [ ] No [ ] f. Indefinite or periodic industrial action in the form of distributing information and/or talking to residents, the public and/or the media about the reasons for industrial action? Yes [ ] No [ ] g. Indefinite or periodic industrial action in the form of wearing campaign material and/or badges? Yes [ ] No [ ] h. Indefinite or periodic industrial action in the form of a ban on performing overtime? Yes [ ] No [ ] i. Indefinite or periodic industrial action in the form of a ban on completing and/or submitting paperwork or electronic forms related to the Aged Care Funding Instrument (ACFI)? Yes [ ] No [ ] j. Indefinite or periodic industrial action in the form of a ban on performing any duties not stated in the employee’s relevant position description? Yes [ ] No [ ] k. Indefinite or periodic industrial action in the form of taking all breaks in full and on time? Yes [ ] No [ ] l. Indefinite or periodic stoppages of work of between 15 minutes and 4 hours in length? Yes [ ] No [ ] PR591134 3 6. DATE OF EFFECT This order shall come into effect from 17 March 2017. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>