The Association of Professional Engineers, Scientists and Managers, Australia v v/Line Pty Ltd

[2013] FWC 3177

[2013] FWC 3177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
V/Line Pty Ltd
(B2013/879)

COMMISSIONER BISSETT MELBOURNE, 21 MAY 2013

Proposed protected action ballot by employees of V/Line Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) for a protected action ballot order in relation to certain employees of V/Line Pty Ltd (the Respondent). The application was made on 13 May 2013.

[2] Upon being contacted by my associate, and following further discussions between APESMA and the Respondent, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWC must make a protected action ballot order

(1) FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] APESMA has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made. The Order [PR537001] issued on 16 May 2013 is based on the draft order provided by APESMA.

COMMISSIONER

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