Australian Workers' Union, The v Victoria Racing Club

[2020] FWC 5253

[2020] FWC 5253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers' Union, The
v
Victoria Racing Club
(B2020/552)

DEPUTY PRESIDENT MASSON MELBOURNE, 1 OCTOBER 2020

Proposed protected action ballot of employees of Victoria Racing Club.

[1] This is an application by the Australian Workers’ Union (the AWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of the Victoria Racing Club (the VRC) who are to be covered by the proposed agreement and are represented by the AWU.

[2] On 18 August 2020, the Commission wrote to the VRC requesting it to advise the Commission by 10.00am on Monday, 21 September 2020 as to whether there was any objection to the application. The VRC responded to the Commission on 21 September 2020 advising that it objected to the application on the basis that it seeks an extension to the notice period for protected industrial action. In responding the VRC also sought clarification from the AWU in relation to particular industrial action outlined in the draft ballot order.

[3] In subsequent correspondence on 28 September 2020 the AWU advised the Commission that it did not consent to an extension to the notice period required for taking protected industrial action sought by the VRC. Clarification was also provided by the AWU in relation to particular industrial action which resolved that aspect of the VRC’s concern with the proposed protection action ballot order.

[4] The matter was then listed for hearing before me on 30 September 2020 to determine the VRC’s application for an extension of the notice period required for taking protected industrial action. Both the AWU and the VRC filed materials in support of their respective cases in advance of the hearing. The VRC was represented at the hearing by Ms L Mumme of Johnson, Winter and Slattery and was granted permission to appear pursuant to s. 596 of the Act. The AWU was represented at the hearing by its Industrial Officer, Mr Craig Winter.

[5] At the commencement of the hearing Mr Winter advised that the parties had conferred, and that agreement had been reached in relation to the required notice period for protected industrial action, such agreement to be reflected in an amended draft order that would be provided to the Commission by the AWU. The VRC confirmed that such agreement had been reached and that there were no other grounds on which they objected to the protected action ballot order sought by the AWU.

[6] Having regard to the agreement reached between the parties I determined to adjourn the hearing and proceed to decide the application on the papers.

[7] Having regard to the consent position reached between the parties which was confirmed at the hearing and on the basis of the material before me, including the statutory declaration of Mr Steve Bonica of the AWU 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.

[8] An order has been separately issued in PR723231.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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