Australian Municipal, Administrative, Clerical and Services Union v Buloke Shire Council

[2023] FWC 2279

[2023] FWC 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

v

Buloke Shire Council

(B2023/952)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 7 SEPTEMBER 2023

Proposed protected action ballot of employees of Buloke Shire Council

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Buloke Shire Council (Buloke Council or Employer). 

2. On 6 September 2023, the Commission was advised that Buloke Council, in effect, did not object to the application.

3. On the basis of the material before me, including the declaration of Mr Raymond King, ASU Organiser, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Buloke Council, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

4. The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

5. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 21 September 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

6. An Order has been separately issued in PR765967.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1]  TrueVote Pty Ltd [2023] FWC 1446.

Printed by authority of the Commonwealth Government Printer

< PR765966>