United Firefighters' Union of Australia v Ventia Australia Pty Ltd

[2023] FWC 996

[2023] FWC 996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Firefighters’ Union of Australia
v

Ventia Australia Pty Ltd

(B2023/378)

DEPUTY PRESIDENT CLANCY MELBOURNE, 27 APRIL 2023

Proposed protected action ballot of employees of Ventia Australia Pty Ltd Trading As Ventia Australia 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 Ventia Australia Pty Ltd (Respondent).

1. On 27 April 2023, my Associate was advised that the Respondent did not object to the protected action ballot order being granted, subject to an amendment to the notice period required for the taking of industrial action from 3 working days to 4 working days (subject to the Commission being satisfied it is appropriate to extend the notice period). In correspondence to my Chambers, the Applicant confirmed that it consented to an extension of the notice period required for the taking of industrial action from 3 working days to 4 working days.

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 Thomas French 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. I am also satisfied based on the position of the parties and 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 and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 4 working days.

1. An order has been separately issued in PR761427.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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