Association of Professional Engineers, Scientists and Managers Australia v Powercor Australia Ltd

[2020] FWC 972

[2020] FWC 972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Association of Professional Engineers, Scientists and Managers Australia
v
Powercor Australia Ltd
(B2020/101)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 21 FEBRUARY 2020

Proposed protected action ballot of employees of Powercor Australia Ltd.

[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 Powercor Australia Ltd (Respondent).

[2] On 21 February 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 Kelly 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 PR716966.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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