Australian Municipal, Administrative, Clerical and Services Union-New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch v EnergyAustralia NSW Pty Ltd

[2023] FWC 805

[2023] FWC 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union-New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch
v

EnergyAustralia NSW Pty Ltd

(B2023/293)

VICE PRESIDENT CATANZARITI SYDNEY, 3 APRIL 2023

Proposed protected action ballot of employees of EnergyAustralia NSW Pty Ltd

1. This is an application by the “NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union” known as the United Services Union (USU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of EnergyAustralia NSW Pty Ltd (Respondent).

1. On 3 April 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Graeme Kelly of the Applicant declared on 29 March 2023, 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 PR760834.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR760835>