DECISION

Fair Work Act 2009
s.437—Protected action

Municipal & Utilities Workers Union, Brent McCarthy
v
Moonee Valley City Council T/A Moonee Valley City Council
(B2021/1084)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 NOVEMBER 2021

Proposed protected action ballot of employees of Moonee Valley City Council

[1] This is an application by the Municipal & Utilities Workers Union and Brent McCarthy (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Moonee Valley City Council (Respondent).

[2] On 12 November 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Matthew Parkinson 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 has been separately issued in PR735768.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Municipal & Utilities Workers Union and Brent McCarthy, represented by Mr Matthew Parkinson, applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Moonee Valley City Council. The application was made without objection from the Council. The Deputy President determined the matter on the papers without holding a hearing. The Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met.

The legal issues before the court were whether the application met the requirements for a protected action ballot under section 437 of the Fair Work Act 2009, and whether the notification time in relation to the proposed agreement had been met. The Deputy President considered the declaration of Mr Matthew Parkinson of the Applicant, which set out the steps taken by the Applicant in bargaining with the Respondent and that it had been, and was, genuinely trying to reach agreement with the Respondent. The Deputy President was satisfied that the requirements in section 443(1) of the Act had been met, and that there was a notification time in relation to the proposed agreement.

The Deputy President determined that the application met the requirements for a protected action ballot under section 437 of the Fair Work Act 2009, and granted the application. The Deputy President noted that the Respondent did not object to the application, and that the material before the court was sufficient to make the determination. The Deputy President also noted that the Applicant had been, and was, genuinely trying to reach agreement with the Respondent.

An order was separately issued in PR735768. The Fair Work Commission granted the application for a protected action ballot order in relation to certain employees of Moonee Valley City Council. The Deputy President noted that the Respondent did not object to the application, and that the material before the court was sufficient to make the determination. The Deputy President also noted that the Applicant had been, and was, genuinely trying to reach agreement with the Respondent.

Moonee Valley City Council T/A Moonee Valley City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established