Australian Municipal, Administrative, Clerical and Services Union v Circular Head Council

[2022] FWC 3314

[2022] FWC 3314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union

v

Circular Head Council

(B2022/1835)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 DECEMBER 2022

Proposed protected action ballot of employees of Circular Head Council.

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 Circular Head Council (the Respondent).

1. The Respondent raised concerns in relation to the form and content of the order of the proposed order. In further correspondence to my Chambers, the Respondent confirmed it did not wish to be heard further in relation to its objection. After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, and while acknowledging the concerns raised by the Respondent, I cannot see a statutory basis upon which the Applicant’s application should be rejected.

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 Mr Michael McLoughlin 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 PR749010.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749009>