Australian Municipal, Administrative, Clerical and Services Union v Sorell Council

[2019] FWC 4644

[2019] FWC 4644

FAIR WORK COMMISSION

DECISION

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

Australian Municipal, Administrative, Clerical and Services Union
v
Sorell Council
(B2019/518)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 3 JULY 2019

Proposed protected action ballot of employees of Sorell Council.

[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 Sorell Council (Respondent).

[2] On 3 July 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Aaron De La Torre 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.

[5] An order has been separately issued in PR709996.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709995>