Municipal and Utilities Workers Union Inc v Brimbank City Council
[2022] FWC 699
| [2022] FWC 699 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Municipal and Utilities Workers Union Inc
v
Brimbank City Council
(B2022/251)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 29 MARCH 2022 |
Proposed protected action ballot of employees of Brimbank City Council.
This is an application by the Municipal and Utilities Workers Union Inc (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Brimbank City Council (the Respondent).
On 29 March 2022, my Associate was advised that the Respondent did 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 Applicant’s response to the concerns raised by the Respondent and the declaration of Mr Brian 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 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 PR739816.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR739815>
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