CPSU, the Community and Public Sector Union v The Northcott Society

[2021] FWC 86

[2021] FWC 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
The Northcott Society
(B2021/1)

DEPUTY PRESIDENT DEAN SYDNEY, 8 JANUARY 2021

Proposed protected action ballot of employees of The Northcott Society.

[1] This is an application by CPSU, the Community and Public Sector Union (CPSU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of The Northcott Society (Respondent).

[2] The Respondent did not oppose the making of the protected action ballot order but raised issues with the order sought in terms of the date by which voting in the protected action ballot closed (s.443(3)(c); and the period of written notice required under the ballot order (s.443(5)). It sought that the notice period be extended from three working days to seven working days on the basis that there are exceptional circumstances warranting an extension.

[3] At a conference conducted by me on 8 January 2021, the parties reached an agreement resolving the Respondent’s concerns.

[8] In the circumstances, and having considered the material before me, including the statutory declaration of Thane Pearce of the CPSU made on 3 January 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[4] An Order has been separately issued in PR726058.

DEPUTY PRESIDENT

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