Australian Municipal, Administrative, Clerical and Services Union v Maurice Blackburn Pty Ltd T/A Maurice Blackburn

[2016] FWC 4740

[2016] FWC 4740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Maurice Blackburn Pty Ltd T/A Maurice Blackburn; Zabulon Pty Ltd T/A Maurice Blackburn
(B2016/712)

COMMISSIONER CIRKOVIC MELBOURNE, 14 JULY 2016

Proposed protected action ballot of employees of Maurice Blackburn Pty Ltd and Zabulon Pty Ltd.

[1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Maurice Blackburn Pty Ltd and Zabulon Pty Ltd (the Respondents).

[2] The ASU filed an affidavit of Linda Anne White addressing the statutory grounds. The affidavit makes it clear that the parties have met on approximately seventeen occasions since 7 October 2015 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 13 July 2016, the chambers of Senior Deputy President Hamberger contacted the Respondents by email and requested they advise the Commission as a matter of urgency whether they oppose ASU’s application. On 14 July 2016, the Respondents’ representative advised he was awaiting instructions and that he would inform the Commission as soon as possible whether the Respondents opposed the ASU’s application.

[4] On 14 July 2016, the matter was allocated to me. My chambers contacted the Respondent by email and requested that they advise of their opposition (if any) to the ASU’S application by 3:00pm.

[5] On 14 July 2016, the ASU contacted my chambers and requested a minor amendment be made to the form of the order proposed. The Respondents confirmed via email that they did not oppose the making of the amended order by the ASU.

[6] 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 affidavit, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR582819 is based on the draft order provided by the ASU and will be issued in conjunction with this decision.

COMMISSIONER

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