Australian Municipal, Administrative, Clerical and Services Union v City of Casey

[2010] FWA 3595

[2010] FWA 3595

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v
City of Casey
(B2010/2933)

COMMISSIONER ROE MELBOURNE, 6 MAY 2010

Proposed protected action ballot by employees of City of Casey.

[1] An application for a protected action ballot order was made by the Australian Municipal, Administrative, Clerical and Services Union (ASU) on 4 May 2010. A hearing with respect to the application was held on 6 May 2010. Mr Saunders and Ms Gillies appeared for the ASU.

[2] The ASU provided a draft order including the wording of the ballot questions. The ASU subsequently made a small amendment to that document and provided a revised draft order. The City of Casey advised the Tribunal that it would not be in attendance and would not be opposing the order sought.

[3] Having regard to the principles set down in John Holland Pty Ltd v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union[2010] FWAFB 526, I am satisfied that the ballot questions do not offend the requirements of the Act. I am satisfied that the questions proposed describe the industrial action in a way that the employees to be balloted are capable of responding to.

[4] There is an existing agreement, City of Casey Enterprise Agreement 2007. The nominal expiry date of that agreement is at clause 7, which specifies 15 December 2009 and that the parties agree to review the operation of this agreement not less than three months prior to expiry.The application has been made under s.437 of the Act. I am satisfied based upon the submissions made concerning the conduct of the bargaining and the statutory declaration provided that the applicant is genuinely trying to reach agreement with the employer of the employees to be balloted.

[5] The Act requires that Fair Work Australia must, as far as practicable, determine an application within 2 working days after the application is made though must not determine the application unless it is satisfied that the applicant has complied with s.440 of the Act. I am satisfied that the applicant has complied with s.440 of the Act.

[6] I will issue the order in the terms sought. The order will specify that the applicant is the ASU. The group of workers to be balloted are those who will be covered by the proposed enterprise agreement and for whom the Union is a bargaining representative.

[7] The voting on the ballot will close no later than 20 days from the issue of these orders.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR996844>