Australian Municipal, Administrative, Clerical and Services Union v Wannon Region Water Corporation

[2013] FWC 8262

[2013] FWC 8262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Wannon Region Water Corporation
(B2013/1327)

COMMISSIONER BISSETT MELBOURNE, 22 OCTOBER 2013

Proposed protected action ballot by employees of Wannon Region Water Corporation.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Municipal, Administrative, Clerical and Services Union (ASU) for a protected action ballot order in relation to its members who are employed by Wannon Regional Water Corporation (the Respondent). The application was made on 14 October 2013.

[2] The application was listed for hearing on 17 October 2013. The objections of the Respondent to the application were dealt with in conciliation. As a result of that conciliation the parties have agreed on matters associated with the notice period to be given for industrial action that may be notified as a result of a successful ballot of the employees concerned.

[3] The ASU have provided an amended draft order and confirmed the proposed notice periods for industrial action.

[4] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[5] The ASU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

[6] Section 443(5) of the Act states:

(5) If the FWC is satisfied, in relation to the proposed industrial action that is the subject of the protected action ballot, that there are exceptional circumstances justifying the period of written notice referred to in paragraph 414(2)(a) being longer than 3 working days, the protected action ballot order may specify a longer period of up to 7 working days.

[7] I am satisfied that, for some of the proposed industrial action subject to the ballot, there are exceptional circumstances justifying a written notice period of longer than 3 working days. In particular I am satisfied that the following notice periods should apply to the specified items in the ballot:

• Five days written notice in accordance with s.414(2)(b) of the Act: Items 15, 18, 25, 34, 35, 36, 37, 38, 51 and 52.



• Seven days written notice in accordance with s.414(2)(b) of the Act: Items 2, 13, 17, 24 and 50.

[8] The Order made will reflect these required notice periods.

[9] All other proposed industrial action shall be subject to three days notice specified in s.414(2)(a) of the Act.

[10] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

COMMISSIONER

Hearing details:

2013.

Melbourne.

17 October

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543589>