Australian Municipal, Administrative, Clerical and Services Union v RACV Road Service Pty Ltd

[2010] FWA 6899

[2010] FWA 6899

FAIR WORK AUSTRALIA

REASONS FOR DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v
RACV Road Service Pty Ltd
(B2010/164)

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 3 SEPTEMBER 2010

Proposed protected action ballot by employees of RACV Road Service Pty Ltd.

[1] On 31 August 2010 the Australian Municipal, Administrative, Clerical and Services Union (Union) filed an application with Fair Work Australia for a protected action ballot order under s.437 of the Fair Work Act 2009 (Act).

[2] On 1 September 2010 my chambers were informed by RACV Road Service Pty Ltd (employer) that it did not oppose the making of the sought order, nor the terms it was expressed in.

[3] On 1 September 2010 I received a copy of a Witness Statement of David Leydon from the Union, which extends to 68 pages and includes 15 exhibits.

[4] Having regard to the material filed in support of the application, as well as the evidence of Mr. Leydon, I am satisfied that the requirements of s.427 of the Act have been met, and I will order that a protected action ballot be held.

[5] An order reflecting this decision will issue at the same time as these reasons.

SENIOR DEPUTY PRESIDENT

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