| [2022] FWC 2274 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Municipal, Administrative, Clerical and Services Union
v
Macedon Ranges Shire Council
(B2022/1281)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 26 AUGUST 2022 |
Proposed protected action ballot of employees of Macedon Ranges Shire 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 Macedon Ranges Shire Council (the Respondent).
On 26 August 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 Mr Shane Lumsden of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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 (Business Owner 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 PR745209.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745208>
- AGLC
- Australian Municipal, Administrative, Clerical and Services Union v Macedon Ranges Shire Council [2022] FWC 2274
- Case
- [2022] FWC 2274
- Decision Date
CaseChat Overview and Summary
The legal issues before the Deputy President involved whether the notification time for the proposed agreement was met and if the requirements of section 443(1) of the Act were satisfied. Additionally, the Applicant sought to appoint a ballot agent other than the Australian Electoral Commission, which the Respondent did not oppose. The Deputy President found that the notification time had been met and that the requirements under section 443(1) were fulfilled based on the material presented, including the declaration from Mr Shane Lumsden of the Applicant.
Mr Stephen Donaldson, proposed as the ballot agent, was found to be a fit and proper person to conduct the ballot, capable of ensuring the secrecy and security of the votes and conducting the ballot expeditiously. Mr Donaldson agreed to be the ballot agent and committed to complying with the Privacy Act 1998 regarding the handling of information relating to the ballot. Consequently, the Deputy President appointed Mr Stephen Donaldson as the protected action ballot agent. An order was separately issued in PR745209.
Orders
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