The Association of Professional Engineers, Scientists and Managers, Australia v EnergyAustralia NSW Pty Ltd

[2023] FWC 784

[2023] FWC 784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

EnergyAustralia NSW Pty Ltd

(B2023/284)

VICE PRESIDENT CATANZARITI SYDNEY, 31 MARCH 2023

Proposed protected action ballot of employees of EnergyAustralia NSW Pty Ltd

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of EnergyAustralia NSW Pty Ltd (Respondent).

1. The Respondent neither consented nor objected 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 statutory declaration of Shadi Behpour of the Applicant declared on 31 March 2023, 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.

1. An Order has been separately issued in PR760780.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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