United Firefighters' Union of Australia v The Head of Service of the Act Public Service on behalf of Australian Capital Territory T/A Act Fire and Rescue

[2019] FWC 1116

[2019] FWC 1116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447—Protected action

United Firefighters’ Union of Australia
v
The Head of Service of the ACT Public Service on behalf of Australian Capital Territory T/A ACT Fire and Rescue
(B2019/137)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 20 FEBRUARY 2019

Application for a variation of a Protected Action Ballot Order in B2019/110.

[1] The United Firefighters’ Union of Australia (UFU)(Applicant) has made an application under s.447 of the Fair Work Act 2009 (The Act) to vary a protected action ballot order made on 18 February 2019 by the Commission in matter B2019/110 (the Order).

[2] The application is made pursuant to s.447 of the Act which provides as follows:

“447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents-after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.”

[3] The UFU’s application to vary the Order seeks to amend the wording of Questions 16 and 17 to correct an erroneous reference to an estimate made using the Dynamic Coverage Tool to a risk assessment undertaken by a UFU member.

[4] On 19 February 2019, the Respondent confirmed that they did not object to the application. Accordingly, I advised the parties that I would determine the application on the papers.

[5] On the basis of the materials before me and with the consent of the Respondent I am satisfied that the Order should be varied as sought. An order 1 to this effect will be published with this decision.

COMMISSIONER

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<PR705138>

 1   PR705139