Australian Municipal, Administrative, Clerical and Services Union v City of Greater Geelong

[2024] FWC 3400

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[2024] FWC 3400

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v

City of Greater Geelong

(B2024/1595)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 DECEMBER 2024

Proposed protected action ballot of employees of City of Greater Geelong

[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 City of Greater Geelong (City of Geelong or Employer).

[2]        On 5 December 2024, the Commission was advised that the Employer, in effect, did not

object to the Application but noted concerns it had in relation to when the ballot would close. The Applicant sought a ballot close date 7 days after commencement and in their response the employer proposed a 14-day ballot period. The ballot is to close on a date determined by the Commission and this is dealt with below.

[3]        In the circumstances, I have decided to determine the matter on the papers without

holding a hearing.

[4]        On the basis of the material before me, including the declaration of Zoe Edwards,

Deputy Branch Secretary, 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 City of Geelong,

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.

[5]        The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has

been approved as an eligible protected action ballot agent under s.468A of the Act and
consequently is authorised to conduct the ballot.

[6]        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 20 December 2024.[1] This also establishes the ballot period for the

purpose of s.448A(2) of the Act.

[1] This is, in effect, 10 working days from the making of the Order and is the period determined by the Commission having

[7]        An Order has been separately issued in PR782117.

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[2024] FWC 3400

[8]        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 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

Printed by authority of the Commonwealth Government Printer

<PR782118>

regard to all of the known circumstances including the impact of the upcoming Christmas/new year period.