United Firefighters' Union of Australia v Fire Rescue Victoria T/A Fire Rescue Victoria (“FRV”)
[2024] FWC 2582
•19 SEPTEMBER 2024
| [2024] FWC 2582 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
United Firefighters' Union of Australia
v
Fire Rescue Victoria T/A Fire Rescue Victoria (“FRV”)
(B2024/1229)
| COMMISSIONER ALLISON | MELBOURNE, 19 SEPTEMBER 2024 |
Proposed protected action ballot of employees of Fire Rescue Victoria Trading As Fire Rescue Victoria (“FRV”)
This is an application by the United Firefighters’ Union of Australia (UFUA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Fire Rescue Victoria (FRV or Employer).
On 18 September 2024, FRV notified the Commission that it objected to the application on grounds that the wording of specific questions sought to be included in the ballot lacked “sufficient detail, clarity and/or meaning”. I convened a Conference on 18 September 2024 and listed the matter for Hearing on 19 September 2024.
At the commencement of the Hearing, the parties advised that they had reached agreement on the issues in dispute. The Applicant proceeded to file and serve an amended application. The Respondent has confirmed its agreement of the amended application. In light of the parties’ consent position, I have decided to determine the matter on the papers.
On the basis of the material before me - including the declaration of Georgia Barendse, Industrial Legal Officer, setting out the steps taken by the UFUA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with FRV - I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 8 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR779423.
I will proceed to conduct a s.448A compulsory conciliation conference. I will shortly issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference.
COMMISSIONER
Appearances:
M Sayers for the Applicant
L Albiston for the Respondent
[1] This is, in effect, twelve (12) working days from the date of the Order, as sought in the application.
Printed by authority of the Commonwealth Government Printer
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