United Voice v Office of the Commissioner for Public Employment, Northern Territory Government
[2018] FWC 5814
•23 August 2018
[2018] FWC 5814
Due to a system error, the attached document issued with codes [2018] FWC 4946, PR620105 issued on 23 August 2018 has been re-issued to correct document referencing.
Yota Amanatidis
Relief Associate
Dated 14 September 2018
| [2018] FWC 5814 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protection action ballot order
United Voice
v
Office of the Commissioner for Public Employment, Northern Territory Government
(B2018/713)
| Commissioner Johns | melbourne, 23 August 2018 |
Proposed protected action ballot of employees.
On 13 August 2018, the United Voice, NT Branch (UV) made an application for a protected action ballot order (Order) in relation to a group of employees of the Commissioner for Public Employment, Northern Territory Government (Employer).
The application was made pursuant to s.437 of the Fair Work Act 2009 (Act) and was initially dealt with by Vice President Catanzariti.
The Employers were served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).
The employees to be balloted are presently covered by Correctional Officer (NTPS) 2014 – 2017 Enterprise Agreement (Agreement). The nominal expiry date of the Agreement is 2 December 2017.
On 14 August 2018, the Employer raised concerns regarding the application lodged by UV regarding the clarity of the questions asked of employees balloted.
Subsequently, Vice President Catanzariti directed the Employer to file submissions articulating their objections.
On 16 August 2018, the Employer filed submissions that the Commission should not make the proposed Order, or in the alternative, amend the proposed ballot questions and notice period in respect to any of the proposed actions. It asserts this because of the ambiguity of the ballot questions, safety concerns, that some questions do not fit within the definition of “industrial action” pursuant to s 19 of the Act, and that written notice for the taking of industrial action should be extended.
On 17 August 2018, UV filed submission in reply, challenging the assertions made by the Employer.
On 20 August 2018, the Employer filed further submissions in reply.
On 21 August 2018 the matter was allocated to me.
The Matter was subsequently listed for a Mentions and/or Directions Hearing on 22 August 2018. At the Hearing the matter was adjourned for 2 days to allow discussions to occur between the parties.
On 23 August 2018, UV filed an amended protected action ballot order negotiated between the parties.
The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.
The Order [PR620106] will be issued concurrently with this decision.
Commissioner
Appearances:
Ms D Yali for United Voice
Mr C McInerney for the Employer
Hearing details:
22 August 2018
Printed by authority of the Commonwealth Government Printer
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