CPSU, the Community and Public Sector Union v Management & Training Corporation Pty Ltd T/A MTC Australia

[2022] FWC 3054

[2022] FWC 3054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.447—Protected action

CPSU, the Community and Public Sector Union
v

Management & Training Corporation Pty Ltd T/A MTC Australia

(B2022/1734)

COMMISSIONER MCKINNON SYDNEY, 17 NOVEMBER 2022

Application for a variation of a Protected Action Ballot Order in B2022/1685

1. The CPSU, the Community and Public Sector Union (CPSU) has applied to vary the protected action ballot order issued on 10 November 2022 (PR747808)[1] under s.447 of the Fair Work Act 2009 (the Act).

1. The application seeks to extend the date by which the ballot must close to no later than 12 working days from the date of the Order.

1. Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

“447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the
order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC
to vary the protected action ballot order to change the date by which voting in the ballot
closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot
closes; or
(b) if the ballot has not been held before that date and the FWC consents - after
that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected
action ballot order.”

1. Management & Training Corporation Pty Ltd T/A MTC Australia (MTC Australia) consent to the proposed variation. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. The Order to which this application relates provided for a short voting period at the urging of the CPSU, with assurances given that the timeframe could easily be met. A simple communication error since then has put the timeframe out of reach. I consider it appropriate in the circumstances that a variation be made. In my view, the additional time sought by the CPSU is too short given the potential for further technical errors and the need for certainty in relation to the timetable. The Order will be varied to extend the date by which voting must close to 1 December 2022.

1. An Order has been issued separately in PR748000.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] CPSU, the Community and Public Sector Union v Management & Training Corporation Pty Ltd T/A MTC Australia (B2022/1685)

Printed by authority of the Commonwealth Government Printer

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