United Workers' Union v Commissioner for Public Employment

[2021] FWC 6639

[2021] FWC 6639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Commissioner for Public Employment
(B2021/1252)

VICE PRESIDENT CATANZARITI SYDNEY, 21 DECEMBER 2021

Proposed protected action ballot of employees of Northern Territory Correctional Services

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Northern Territory Correctional Services (Respondent).

[2] On 20 December 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Erina Early of the Applicant declared on 15 December 2021, 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.

[5] An Order has been separately issued in PR736949.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR736950>