Municipal and Utilities Workers Union Inc T/A Municipal and Utilities Workers Union v Citywide Service Solutions T/A Citywide

Case •

[2023] FWC 45

•

6 JANUARY 2023
[2023] FWC 45

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Municipal and Utilities Workers Union Inc T/A Municipal and Utilities Workers Union
v

Citywide Service Solutions T/A Citywide

(B2023/6)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 6 JANUARY 2023

Proposed protected action ballot of employees of Citywide Service Solutions T/A Citywide

  1. This is an application by the Municipal and Utilities Workers Union Inc T/A Municipal and Utilities Workers 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 Citywide Service Solutions T/A Citywide (Respondent).

  1. While the Respondent advised my Associate of a few issues with the application documents on 6 January 2023, these have since been resolved and the Respondent has confirmed it does not object to the application.

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

  1. On the basis of the material before me, including the declaration of Ms Marriott 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. I am also satisfied based on the position of the parties and the material before me that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 5 working days

  1. An order has been separately issued in 749450.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749449>

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