Association of Professional Engineers, Scientists and Managers, Australia, The v Department of Transport

[2020] FWC 2986

[2020] FWC 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia, The
v
Department of Transport
(B2020/302)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 5 JUNE 2020

Proposed protected action ballot of employees of Department of Transport.

[1] This is an application by The Association of Professional Engineers, Scientists and Managers, 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 Department of Transport (Respondent).

[2] On 5 June 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr S Matthews 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.

[5] An order has been separately issued in PR720005.

DEPUTY PRESIDENT

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