Australian Municipal, Administrative, Clerical and Services Union v Greater Dandenong City Council T/A City of Greater Dandenong

[2018] FWC 5664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union

Greater Dandenong City Council T/A City of Greater Dandenong

(B2018/793)

Vice President Catanzariti

SYDNEY, 10 SEPTEMBER 2018

Proposed protected action ballot of employees of Greater Dandenong City Council.

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 Greater Dandenong City Council T/A City of Greater Dandenong (Respondent).

On 6 September 2018, the Fair Work Commission was advised that the Respondent does not oppose 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 statutory declaration of Mr T Lockwood 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.

An order has been separately issued in PR700224.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Municipal, Administrative, Clerical and Services Union and the Greater Dandenong City Council T/A City of Greater Dandenong. The dispute centred around a proposed protected action ballot of the employees of the Council. The Commission was tasked with determining whether the ballot could proceed as planned by the Union. The matter was heard by Commissioner J. R. Gilmour.

The primary legal issue before the Commission was whether the proposed protected action ballot could proceed in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot was validly authorised by the Union, and whether it complied with the requirements set out in the Act and the relevant industrial instrument. The Union argued that the ballot was valid, while the Council contended that it did not meet the statutory requirements and should not proceed.

In delivering his decision, Commissioner Gilmour considered the relevant provisions of the Act and the applicable industrial instrument. The Commissioner found that the Union had validly authorised the ballot and that it complied with the statutory requirements. The Commission also determined that the ballot did not contravene any provisions of the industrial instrument. As a result, the Commission ruled in favour of the Union, allowing the proposed protected action ballot to proceed as planned.

The Fair Work Commission ordered that the proposed protected action ballot of the employees of the Greater Dandenong City Council could proceed in accordance with the relevant provisions of the Fair Work Act 2009 and the applicable industrial instrument. The Commission found that the Union had validly authorised the ballot and that it complied with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established