Australian Municipal, Administrative, Clerical and Services Union v Country Fire Authority

[2023] FWC 341

[2023] FWC 341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Country Fire Authority

(B2023/95)

DEPUTY PRESIDENT CLANCY MELBOURNE, 10 FEBRUARY 2023

Proposed protected action ballot of employees of Country Fire Authority

1. 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 the Country Fire Authority (the Respondent).

1. On 9 February 2023, my Associate was advised by the Respondent that did not object to the protected action ballot order being made, subject to an extension of the notice period required from 3 working days to 7 working days for the taking of the industrial action identified in proposed questions 1, 2, 7, 8, 9, 10 and 12 of the draft order. In subsequent correspondence to my Chambers, the Applicant confirmed that it did not object to the longer notice period.

1. Neither party requested to be heard so in these 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 Mr Matthew Price 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.

1. I am also satisfied based on the position of the parties and the material before me that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days for the taking of the industrial action identified in proposed questions 1, 2, 7, 8, 9, 10 and 12 of the draft order and that in respect of these questions, I should exercise the discretionary power in s.443(5) of the Act and specify a period of 7 working days.

1. An order has been separately issued in PR750372.

DEPUTY PRESIDENT

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