United Firefighters' Union of Australia v Country Fire Authority

[2023] FWC 343

[2023] FWC 343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Firefighters’ Union of Australia
v

Country Fire Authority

(B2023/97)

DEPUTY PRESIDENT CLANCY MELBOURNE, 10 FEBRUARY 2023

Proposed protected action ballot of employees of the Country Fire Authority

1. This is an application by the United Firefighters’ Union of 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 the Country Fire Authority (the Respondent).

1. On 9 February 2023, my Associate was advised by the Respondent that it did not object to the protected action ballot order being made, subject to an extension of the notice period required from 3 working days to 7 working days for the taking of the industrial action identified in proposed questions 1, 2, 7, 8, 9, 10 and 12 of the draft order. The Respondent indicated in their email that the Applicant did not oppose the issue. I sought the views of the Applicant, indicating that if I did not hear from them by 10am today I would proceed to determine the matter based on the material before the Commission, including the correspondence of the Respondent.

1. No correspondence was received from the Applicant and neither party requested to be heard so in these 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 declaration of Mr Jeremy Murphy, 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. I am also satisfied based on the 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 for the taking of the industrial action identified in proposed questions 1, 2, 7, 8, 9, 10 and 12 of the draft order and that in respect of these questions, I should exercise the discretionary power in s.443(5) of the Act and specify a period of 7 working days.

1. An order has been separately issued in PR750383.

DEPUTY PRESIDENT

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