Australian Workers' Union v Qenos Pty Ltd T/A Qenos

[2022] FWC 3036

[2022] FWC 3036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union
v

Qenos Pty Ltd T/A Qenos

(B2022/1723)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 NOVEMBER 2022

Proposed protected action ballot of employees of Qenos Pty Ltd T/A Qenos.

1. This is an application by the Australian Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Qenos Pty Ltd T/A Qenos (the Respondent).

1. The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made granted the Applicant would be willing to consent to an amendment to the notice period required for the taking of industrial action from 3 working days to 5 working days. In correspondence to my Chambers, the Applicant confirmed that it consented to an extension of the notice period required for the taking of industrial action from 3 working days to 5 working days.

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 Mr Patrick Vincent Reilly 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. I am also satisfied that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 5 working days.

1. An order has been separately issued in PR747953.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747952>