Australian Workers' Union v City of Hobart

[2024] FWC 2670

[2024] FWC 2670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

City of Hobart

(B2024/1263)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 SEPTEMBER 2024

Proposed protected action ballot of employees of the City of Hobart

1. This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the City of Hobart (Hobart City or Employer).

1. On 26 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application.[1]

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 Robert Flanagan, Assistant Branch Secretary, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Hobart City, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission (AEC).

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 7 November 2024.[2]  This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR779649.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The Employer did raise some concerns about the consequences of some of the proposed questions; however, these did not relate to any objection to the present application.

[2] This is, in effect, 30 working days from the date of the Order and is the minimum period required by the AEC to conduct a ballot.

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