The Association of Professional Engineers, Scientists and Managers, Australia v City of Whittlesea

[2023] FWC 2584

[2023] FWC 2584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v

City of Whittlesea

(B2023/1061)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 OCTOBER 2023

Proposed protected action ballot of employees of City of Whittlesea

1. This is an application by the The Association of Professional Engineers, Scientists and Managers, Australia (APESMA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of City of Whittlesea (City of Whittlesea or Employer). 

1. On 9 October 2023, the Commission was advised, in effect, that City of Whittlesea did not object to the Application, as amended.[1]

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 Scott Crawford on behalf of the APESMA, setting out the steps taken by the APESMA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with City of Whittlesea, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 21 November 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR766940.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] On 6 October 2023, the Applicant filed an amended application. The Applicant amended their response to Question 2.1 of the F34 to ensure consistency with Clause 3 of their proposed order.

[2] The Applicant sought the ballot period close on 8 November 2023. On 9 October 2023, the Commission emailed the Parties, proposing to set the date by which voting is to close as 21 November 2023. This represents 30 working days from the date of effect of the Order, which is the minimum period required by the AEC. No objections were raised by either Party.

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