CPSU, the Community and Public Sector Union v Australian Capital Territory

[2023] FWC 638

[2023] FWC 638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Australian Capital Territory

(B2023/234)

VICE PRESIDENT CATANZARITI SYDNEY, 16 MARCH 2023

Proposed protected action ballot of certain employees in the ACT Public Service covered by the ACT Public Sector Health Professional Enterprise Agreement 2021-2022

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 the Australian Capital Territory (Respondent).

1. On 15 March 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 submissions filed by the parties and the statutory declaration of Ronald Edward Johnson of the Applicant declared on 10 March 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 PR760354 and PR760356 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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