Community and Public Sector Union (CPSU) v Airservices Australia

[2018] FWC 4479

[2018] FWC 4479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Community and Public Sector Union (CPSU)

v

Airservices Australia

(B2018/628)

Vice President Catanzariti SYDNEY, 31 JULY 2018

Proposed protected action ballot of employees of Airservices Australia.

1. This is an application by the Community and Public Sector 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 Airservices Australia (Respondent).

1. On 26 July 2018, the Fair Work Commission was advised that the Respondent did not oppose the application on the basis that there be extended notification periods in relation to the actions for workers in specified areas.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr R Johnson 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 and Directions have been separately issued in PR609550 and PR609559 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609546>