Australian Municipal, Administrative, Clerical and Services Union v Derwent Valley Council

[2021] FWC 3510

[2021] FWC 3510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Derwent Valley Council
(B2021/432)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 JUNE 2021

Proposed protected action ballot of employees of Derwent Valley Council.

[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 Derwent Valley Council (Respondent).

[2] On 17 June 2021, my Associate was advised that the Respondent did not object to the application.

[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 Ms Samantha Batchelor 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.

[5] An order has been separately issued in PR730828.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR730827>