The Association of Professional Engineers, Scientists and Managers, Australia v Hydro-Electric Corporation T/A Entura

[2022] FWC 2482

[2022] FWC 2482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

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

Hydro-Electric Corporation T/A Entura

(B2022/1376)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 SEPTEMBER 2022

Proposed protected action ballot of employees of Hydro-Electric Corporation T/A Entura.

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 (Act) for a protected action ballot order in relation to certain employees of Hydro-Electric Corporation T/A Entura (the Respondent).

1. On 15 September 2022, my Associate was advised that the Respondent raised concerns in relation to certain forms of the proposed industrial action identified in the draft order accompanying the application. I determined a Mention should be conducted, during which I discussed these concerns with the parties and other matters subsequently raised. During the Mention, the Applicant consented to an extension of the notice period required for the taking of industrial action from 3 working days to 5 working days. Following the Mention, the Applicant submitted an amended draft order and the parties were able reach a consent position.

1. With the parties having resolved the various matters raised, I have proceeded to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Luke Michael Crowley 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 PR745909.

DEPUTY PRESIDENT

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