Australian Municipal, Administrative, Clerical and Services Union v Powercor Australia Ltd

[2022] FWC 2487

[2022] FWC 2487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union

v

Powercor Australia Ltd; CitiPower Pty Ltd

(B2022/1389)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 SEPTEMBER 2022

Proposed protected action ballot of employees of Powercor Australia Ltd and CitiPower Pty Ltd.

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 Powercor Australia Ltd; CitiPower Pty Ltd (Respondent).

1. On 15 September 2022, my Associate was advised that the Respondent 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 Jonathan Smallbone 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.

1. An order has been separately issued in PR745890.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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