CPSU, the Community and Public Sector Union v Australian Broadcasting Corporation T/A ABC

[2023] FWC 319

[2023] FWC 319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Australian Broadcasting Corporation T/A ABC

(B2023/77)

VICE PRESIDENT CATANZARITI SYDNEY, 7 FEBRUARY 2023

Proposed protected action ballot of employees of the Australian Broadcasting Corporation

1. This is an application by the CPSU, the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Australian Broadcasting Corporation T/A ABC (Respondent).

1. On 6 February 2023, the Fair Work Commission was advised that the Respondent neither opposed nor consented 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 statutory declaration of Sinddy Pilar Ealy of the Applicant declared on 1 February 2023, 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 PR750274 and PR750284 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750275>