1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Health Services Union-Victoria No. 3 Branch v Radploy Pty Ltd T/A Lake Imaging (B2020/46) COMMISSIONER MCKINNON MELBOURNE, 31 JANUARY 2020 Proposed protected action ballot of employees of Radploy Pty Ltd. [1] The Health Services Union-Victoria No. 3 Branch has applied for a protected action ballot order in relation to certain employees of Radploy Pty Ltd T/A Lake Imaging. Following discussion between the parties, Lake Imaging has advised that it does not oppose the application. Accordingly, the matter will be determined on the papers without holding a hearing. [2] On the basis of the material before me, including the statutory declaration of Mr Craig McGregor in relation to steps taken in bargaining for a single enterprise agreement between the parties, I am satisfied that: 1. there is a notification time in relation to the proposed agreement; and 2. the Union has been, and is, genuinely trying to reach agreement with Lake Imaging; and 3. the various requirements in Subdivision B of Part 3-3 of the Act conditioning the power to make orders have been met in this case. [3] The result is that a protected action ballot order must be made. Order PR716298 will issue separately and comes into effect today. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR716297> [2020] FWC 495 DECISION