Australian Municipal, Administrative, Clerical and Services Union v Moira Shire Council

[2023] FWC 3113

[2023] FWC 3113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Moira Shire Council

(B2023/1295)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 NOVEMBER 2023

Proposed protected action ballot of employees of Moira Shire Council

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 (Act) for a protected action ballot order in relation to certain employees of Moira Shire Council (Moira Shire Council or Employers).

1. On 27 November 2023, the Commission was advised that Moira Shire Council, in effect, did not object to the Application.  

1. In the 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 Shane Lumsden, ASU Organiser, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Moira Shire Council, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, and following consultation with Parties, the Commission has determined that the date by which voting is to close is 12 December 2023.[2] This also established the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR768699.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] TrueVote Pty Ltd [2023] FWC 1446.

[2] This date was nominated by the Applicant and represents eleven (11) working days from the making of the ballot order.

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