The Australian Workers' Union v Australian Capital Territory T/A Act Public Service

[2018] FWC 4040

[2018] FWC 4040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union

v

Australian Capital Territory T/A ACT Public Service

(B2018/550)

Vice President Catanzariti SYDNEY, 6 JULY 2018

Proposed protected action ballot of employees of Australian Capital Territory t/as ACT Public Service.

1. This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Capital Territory T/A ACT Public Service (Respondent).

1. On 6 July 2018, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Mr G Toner 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.

1. An order has been separately issued in PR608824.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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