Association of Professional Engineers, Scientists and Managers, Australia, The v Peter MacCallum Cancer Centre

[2018] FWC 4315

[2018] FWC 4315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia, The
v
Peter MacCallum Cancer Centre
(B2018/607)

COMMISSIONER WILSON MELBOURNE, 24 JULY 2018

Proposed protected action ballot of employees of Peter MacCallum Cancer Centre.

[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 Peter MacCallum Cancer Centre whose employment is presently covered by the Peter MacCallum Cancer Centre (Biomedical Engineers) Enterprise Agreement 2014-2017 1, (the Agreement), the nominal expiry date of which is 30 June 2017.

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

[3] On 23 July 2018 the Respondent notified the Commission that it did not object to the application. Both parties on the same date conceded that the exceptional circumstances provisions of the Act were enlivened by 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 Mr Alexandre Gounis 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 PR609208.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR609207>

 1   AE412707.