Australian Municipal, Administrative, Clerical and Services Union v City of Port Phillip Summary

[2022] FWC 3161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

City of Port Phillip

(B2022/1772)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 29 NOVEMBER 2022

Proposed protected action ballot of employees of City of Port Phillip.

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 City of Port Phillip (Respondent).

On 29 November 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Ms Hayley Davies 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.
The Applicant also sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Stephen Donaldson (Managing Director of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent.

An order has been separately issued in PR748407.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of City of Port Phillip. The City of Port Phillip did not object to the application. The matter was determined on the papers without a hearing. The Union had been genuinely trying to reach an agreement with the City of Port Phillip and the requirements under the Fair Work Act 2009 had been met. The Union also sought to appoint Mr Stephen Donaldson as the ballot agent for the protected action ballot. The City of Port Phillip did not oppose the appointment of Mr Donaldson as the ballot agent. The Deputy President was satisfied that Mr Donaldson was a fit and proper person to conduct the ballot and was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously.

The legal issues before the Deputy President were whether the Union had satisfied the requirements of the Fair Work Act 2009 for a protected action ballot and whether Mr Stephen Donaldson was a fit and proper person to conduct the ballot. The Deputy President found that the Union had satisfied the requirements of the Act and that Mr Donaldson was a fit and proper person to conduct the ballot. The Deputy President also found that Mr Donaldson was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. The Deputy President appointed Mr Stephen Donaldson as the protected action ballot agent.

In summary, the Deputy President granted the Union's application for a protected action ballot order and appointed Mr Stephen Donaldson as the ballot agent for the ballot. The City of Port Phillip did not object to the application or to the appointment of Mr Donaldson as the ballot agent. The Deputy President was satisfied that the Union had satisfied the requirements of the Fair Work Act 2009 and that Mr Donaldson was a fit and proper person to conduct the ballot. The Deputy President also found that Mr Donaldson was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously.

Australian Municipal, Administrative, Clerical and Services Union v City of Port Phillip

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established