Australian Municipal, Administrative, Clerical and Services Union v Whitehorse Manningham Regional Library Corporation T/A Whitehorse Manningham Libraries

[2023] FWC 291

[2023] FWC 291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Whitehorse Manningham Regional Library Corporation T/A Whitehorse Manningham Libraries

(B2023/79)

DEPUTY PRESIDENT CLANCY MELBOURNE, 3 FEBRUARY 2023

Proposed protected action ballot of employees of Whitehorse Manningham Regional Library Corporation T/A Whitehorse Manningham Libraries.

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 Whitehorse Manningham Regional Library Corporation T/A Whitehorse Manningham Libraries (Respondent).

1. On 3 February 2023, 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 Elspeth Cridland 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 PR750195.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750194>