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

[2019] FWC 7394

[2019] FWC 7394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Maribyrnong City Council
(B2019/1237)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 OCTOBER 2019

Proposed protected action ballot of employees of Maribyrnong City Council.

[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 Maribyrnong City Council (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr W Hayes 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.

[5] An order has been separately issued in PR713728.

DEPUTY PRESIDENT

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