Association of Professional Engineers, Scientists and Managers, Australia, The v Brimbank City Council

[2018] FWC 4471

[2018] FWC 4471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia, The
v
Brimbank City Council
(B2018/639)

COMMISSIONER WILSON MELBOURNE, 31 JULY 2018

Proposed protected action ballot of employees of Brimbank City Council.

[1] This is an application for a protected action ballot order by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) in relation to certain employees employed by Brimbank City Council whose employment is presently covered by the Brimbank City Council Enterprise Agreement No. 7, 2014 1, (the Agreement), the nominal expiry date of which is 28 February 2018.

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[3] On 27 July 2018 the Respondent notified the Commission that it did not object to the application.

[4] In the circumstances and with consent of the parties, I have decided to determine the matters on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Ms Aleysia Leonard of the Applicant setting out the steps taken by it 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 the requirements in s.443(1) of the Act have been met.

[6] An order has been separately issued in PR609536.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 1   AE412401.