Australian Municipal, Administrative, Clerical and Services Union v Brotherhood of St Laurence

[2023] FWC 628

[2023] FWC 628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Brotherhood of St Laurence

(B2023/243)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 MARCH 2023

Proposed protected action ballot of employees of Brotherhood of St Laurence

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Brotherhood of St Laurence (Respondent).

1. The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made, except for its outlined concerns in relation to proposed form of the order and the industrial action identified in some of the ballot questions. The Respondent did not however ultimately outline a statutory basis that would support the application not being granted and nor did it request to be heard further in addition to the correspondence it had sent to my Chambers outlining its position.

1. After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, I am not persuaded there is a statutory basis for not granting the Applicant’s 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 Kerman Cyrus Daruwalla 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 PR760320.

DEPUTY PRESIDENT

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