FWC approves vote on industrial action with mandatory conciliation to follow
Healius Pathology staff moved closer to a vote on industrial action after the Fair Work Commission approved their ballot without employer opposition.
The Commission on 18 November granted the NSW/ACT/QLD branch of the Health Services Union permission to poll its members at Healius Pathology, which operates as Laverty Pathology. The decision allows workers to vote on whether to authorize protected industrial action while enterprise bargaining negotiations continue.
Healius chose not to oppose the application. The employer's position was communicated to the Commission on the same day the decision was handed down.
Deputy President Hampton approved the ballot after reviewing a declaration from HSU organiser Andrei Bilic, who documented the union's bargaining efforts with the employer. The Commission found the union had been genuinely trying to reach agreement with Healius, satisfying the legal requirements under the Fair Work Act 2009 before workers can be balloted on protected action.
Fair Vote Services Pty Ltd will conduct the ballot, which has been approved as an eligible protected action ballot agent under the Act. Workers have until 2 December to cast their votes, a period of 10 working days from when the order was made.
The matter has been assigned to another Commission member who will conduct a compulsory conciliation conference. That member will issue an order requiring all bargaining representatives in the proposed enterprise agreement to attend. The Commission indicated that directions will likely be issued to ensure the parties attend the conference ready to conduct meaningful negotiations.
For organizations navigating similar bargaining processes, the timeline shows how these matters progress once statutory requirements are met. The union demonstrated it had genuinely attempted to reach agreement, the employer did not contest the application, and the Commission approved the ballot while simultaneously setting up mandatory conciliation.
Healius now enters a dual process. Workers will vote on whether to authorize protected industrial action, which could include strikes or other measures. Meanwhile, the parties will be brought together for conciliation overseen by the Commission, where they'll be expected to negotiate in earnest.
The ballot doesn't guarantee industrial action will occur. Workers must first vote yes, and even then, the union decides whether and when to activate that mandate. But the approval shifts the bargaining dynamic, particularly as it runs parallel to compulsory conciliation designed to help the parties find common ground.
The Commission's approach is methodical. By approving the ballot while requiring conciliation, it creates space for negotiation while allowing workers to express their position. Both processes will unfold over the coming weeks as Healius and the Health Services Union work toward resolving their enterprise agreement dispute.
