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

[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

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).

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.

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 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

An order has been separately issued in 749450.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has determined an application by the Municipal and Utilities Workers Union Inc, trading as the Municipal and Utilities Workers Union, for a protected action ballot order in relation to certain employees of Citywide Service Solutions. The application was made under section 437 of the Fair Work Act 2009. The union sought to conduct a ballot for protected action, and the employer, Citywide Service Solutions, initially raised concerns about the application documents. However, these concerns were resolved, and the employer confirmed it did not object to the application. Consequently, the Deputy President, Clancy, decided to determine the matter based on the documents submitted without the need for a hearing.

The legal issues that the Commission needed to address included whether the union had genuinely tried to reach an agreement with the employer, whether the requirements of section 443(1) of the Act had been fulfilled, and whether there were exceptional circumstances justifying a longer notice period than the standard three working days stipulated in section 414(2)(a) of the Act. The union submitted a declaration by Ms. Marriott, outlining the steps taken during the bargaining process and affirming that the union had genuinely endeavoured to reach an agreement with the employer. The Commission assessed these submissions and determined that the union had met its obligations.

In its decision, the Commission concluded that there was a notification time in relation to the proposed agreement and that the requirements of section 443(1) of the Act were satisfied. Additionally, the Commission found that exceptional circumstances existed, warranting a longer notice period than the standard three working days. As such, the Deputy President exercised the discretion provided under section 443(5) of the Act and specified a period of five working days for the notice. An order was separately issued in the related matter of 749450.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established