United Firefighters' Union of Australia v SEM Fire and Rescue Pty Ltd

[2023] FWC 1155

[2023] FWC 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Firefighters’ Union of Australia

v

SEM Fire and Rescue Pty Ltd

(B2023/456)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 MAY 2023

Proposed protected action ballot of employees of SEM Fire and Rescue Pty Ltd

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 SEM Fire and Rescue Pty Ltd (Respondent).

1. On 16 May 2023, my Associate was advised that the Respondent did not object to the application.

1. In the 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. An order has been separately issued in PR761943.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761942>