CPSU, the Community and Public Sector Union v The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A the Bureau of Meteorology (BoM)

[2018] FWC 2340

[2018] FWC 2340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A The Bureau of Meteorology (BoM)
(B2018/284)

VICE PRESIDENT CATANZARITI SYDNEY, 24 APRIL 2018

Proposed protected action ballot of employees of The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A The Bureau of Meteorology (BoM).

[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 The Bureau of Meteorology (BoM) (Respondent).

[2] On 24 April 2018, the Commission was advised that the Respondent did not oppose the application on the basis of the form of undertaking provided by the Applicant attached in Schedule A to this decision.

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

[4] On the basis of the material before me, including the statutory declaration of Ms L McBride 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.

[5] An Order and Directions have been separately issued in PR606285 and PR606295.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR606290>

Schedule A

Contained in email of Community and Public Sector Union dated 24 April 2018

For questions 2(a), 2(b) and 6:

Where the action affects the repair of a radar, and the Bureau of Meteorology can demonstrate that they have exhausted all other available repair avenues and that there is a genuine risk to safety; the Community and Public Sector Union will ask members to not participate in the action.