Lia Mighall v Bedford Phoenix Incorporated T/A Bedford Group
[2022] FWC 650
| [2022] FWC 650 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Lia Mighall
v
Bedford Phoenix Incorporated T/A Bedford Group
(B2022/218)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 24 MARCH 2022 |
Proposed protected action ballot of employees of Bedford Phoenix Incorporated T/A Bedford Group.
This is an application by Ms Lia Mighall (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bedford Phoenix Incorporated T/A Bedford Group (the Respondent).
On 24 March 2022, my Associate was advised that the Respondent did not object to the application. However, it raised a number of concerns in relation to the form and content of the draft order.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the Applicant’s response to the concerns raised by the Respondent and the declaration of Ms Lia Mighall setting out the steps taken by her in bargaining with the Respondent and that she 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 of the Act have been met. Accordingly, I consider it appropriate to make an order for a protected action ballot in the terms sought by the Applicant.
An order has been separately issued in PR739645.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR739644>
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