Australian Municipal, Administrative, Clerical and Services Union v Tasmanian Networks Pty Ltd T/A TasNetworks

[2016] FWC 1694

[2016] FWC 1694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Tasmanian Networks Pty Ltd T/A TasNetworks
(B2016/375)

COMMISSIONER CIRKOVIC MELBOURNE, 18 MARCH 2016

Proposed protected action ballot of employees of Tasmanian Networks Pty Limited.

[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 Tasmanian Networks Pty Ltd (the Respondent).

[2] The ASU filed a statutory declaration of Aaron De La Torre addressing the statutory grounds. The witness statement makes it clear that the parties have met on approximately seventeen occasions since 1 June 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 17 March 2016, my chambers contacted the Respondent by email to determine whether they object to the ASU’s application. My chambers advised that if the Respondent objected to the ASU’s application, that the application would be listed for hearing. The Respondent did not respond within the time directed.

[4] 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 statutory declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR578106 is based on the draft order provided by the ASU and will be issued in conjunction with this decision.

COMMISSIONER

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