United Voice v The Geo Group Australia Pty Ltd Arthur Gorrie Correctional Centre

[2014] FWC 1027

[2014] FWC 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

United Voice
v
The GEO Group Australia Pty Ltd - Arthur Gorrie Correctional Centre
(B2014/503)

Corrections and detentions
COMMISSIONER BOOTH	BRISBANE, 11 FEBRUARY 2014

Proposed protected action ballot by employees of GEO Group Australia Pty Ltd - Arthur Gorrie Correctional Centre.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by United Voice (the Applicant). The Applicant seeks a protected action ballot order in relation to certain employees of The GEO Group Australia Pty Ltd (the Employer).

[2] The Applicant has filed their submission and witness statement in line with the Directions. The Employer has provided correspondence received on 7 February 2014 advising that it does not object to the application, however the Employer contested the order in relation to the questions posed by the Applicant.

[3] In the correspondence provided, the Employer sought clarification in relation to questions 9, 10 and 11 of the draft order.

[4] In response the Applicant provided an amended draft order on the 10 February 2014.

[5] The Employer in an email dated 10 February 2014 advised that they agree with the Applicant on the intent and wording of questions 9 and 10 but still have an issue with question 11. In particular, the words “other interested parties”. This issue was addressed in a further amended draft order submitted by the Applicant on 11 February 2014.

[6] The Employer consented to the further amended draft order with the amendment to question 11 in an email dated 11 February 2014.

[7] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[8] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR547657] based on the further amended draft provided by the Applicant will issue at the same time as this decision.

COMMISSIONER

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<Price code A, AE893984  PR547656>