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

[2022] FWC 497

[2022] FWC 497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia

v

Brimbank City Council

(B2022/162)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 MARCH 2022

Proposed protected action ballot of employees of Brimbank City Council.

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 Brimbank City Council (the Respondent).

1. On 4 March 2022, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the declaration of Ms Melissa Cadwell 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.

1. An order has been separately issued in PR739065.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739064>