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

[2014] FWC 6452

[2014] FWC 6452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
City of Greater Geelong
(B2014/1355)

COMMISSIONER BISSETT MELBOURNE, 15 SEPTEMBER 2014

Proposed protected action ballot of employees of City of Greater Geelong.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Municipal, Administrative, Clerical and Services Union (ASU) for a protected action ballot order in relation to certain employees of the City of Greater Geelong (the Respondent). The application was made on 9 September 2014.

[2] The Respondent advised in correspondence that it opposes the making of the order on 11 September 2014. The matter was subsequently listed for a hearing.

[3] The ASU has lodged an amended order addressing the concerns of the Respondent. The amended order requires a period of written notice referred to in s.414(2)(a) of the Act being 7 working days in relation to certain action. The Respondent advised on 15 September 2014 that it does not oppose the making of the amended order. I have therefore made this decision on the basis of the material filed by the ASU.

[4] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[5] The ASU has provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

[6] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[7] I am further satisfied that there are exceptional circumstances justifying that the period of written notice referred to in s.414(2)(a) should be 7 working days in respect of the actions specified at question 2 and 6-13 (inclusive) of schedule A.

[8] I will issue an Order based on the amended draft order provided by the ASU.

COMMISSIONER

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