Australian Municipal, Administrative, Clerical and Services Union

[2013] FWC 5641

[2013] FWC 5641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
(B2013/1113)

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 13 AUGUST 2013

Proposed protected action ballot by employees of Hobsons Bay City Council who are Members of the ASU.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Municipal, Administrative, Clerical and Services Union (ASU) for a protected action ballot order in relation to certain employees of Hobsons Bay City Council (the Respondent). The application was made on 9 August 2012.

[2] Upon being contacted by my associate, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The ASU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made. The Order [PR540136] issued on 13 August 2013 is based on the draft order provided by the ASU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540135 >