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

[2022] FWC 2984

[2022] FWC 2984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Management & Training Corporation Pty Ltd T/A MTC Australia

(B2022/1685)

COMMISSIONER MCKINNON SYDNEY, 10 NOVEMBER 2022

Proposed protected action ballot of employees of Management & Training Corporation Pty Ltd

1. The CPSU, the Community and Public Sector Union (CPSU) is bargaining for an enterprise agreement with Management & Training Corporation Pty Ltd T/A MTC Australia (MTC Australia) under the Fair Work Act 2009 (the Act). The proposed agreement will replace the Parklea Correctional Centre – Correctional Officers Greenfields Enterprise Agreement 2019 which nominally expired on 30 June 2022. Some of the employees of MTC Australia who will be covered by the proposed agreement are members of the CPSU.

1. The CPSU has applied for a protected action ballot order in relation to the proposed agreement. Section 437 of the Act deals with when a bargaining representative can apply for a protected action ballot order. Section 443 requires the Commission to make a protected action ballot order if certain conditions are met. On the material before me, I am satisfied that these conditions are met because:

1. there is a notification time in relation to the proposed agreement,

2. the application is made under section 437, and

3. the CPSU has been, and is, genuinely trying to reach an agreement with MTC Australia.

1. It follows that a protected action ballot order must be made.

1. The notification period for the taking of industrial action in the form of twelve-hour stoppages and twenty-four-hour stoppages will be 5 working days. The period of notice for the taking of industrial action will otherwise be 3 working days.

1. Order PR747808 gives effect to this decision and will issue separately. The Order will come into effect today.

COMMISSIONER

Appearances:

A McRobert for the CPSU.
A Powter of Australian Industry Group for the respondent.

Hearing details:

2022.
Sydney (by video):
November 10.

Printed by authority of the Commonwealth Government Printer

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