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

[2024] FWC 2314

[2024] FWC 2314

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

City Of Hobart

(B2024/1102)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 AUGUST 2024

Proposed protected action ballot of employees of the City of Hobart

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 the City of Hobart (Hobart City or Employer).

1. On 29 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application.

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 Karen Tantari, 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 Hobart City, 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.

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

1. 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 13 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The proposed order provided by the ASU was apparently based upon a previous version of the Commission’s standard template that is no longer in compliance with the Act or consistent with the obligations now placed upon the eligible ballot agents to consult with the parties in settling the ballot timetable, other than the ballot period. The structure of the Order has, after consultation with the parties, been made in a form more consistent with the Commission’s current standard template.

1. An Order has been separately issued in PR778756.

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 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] This is, in effect, 14 calendar days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR778757>