United Workers' Union v Iron Mountain Australia Group Services Pty Limited

[2019] FWC 8020

[2019] FWC 8020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Iron Mountain Australia Group Services Pty Limited
(B2019/1339)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 26 NOVEMBER 2019

Proposed protected action ballot of employees of Iron Mountain Australia Group Services Pty Limited.

[1] This is an application by the United Worker’s Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Iron Mountain Australia Group Services Pty Limited (Respondent).

[2] On 25 November 2019, my Associate was advised that the Respondent did not object to the application. However, the Respondent raised a concern that proposed question 5 was ambiguous and that the several forms of industrial action described therein should be the subject of separate questions. In my view, question 5 is expressed in sufficient clarity to enable employees to understand the nature of the industrial action for which authorisation is sought. Moreover, question 5 is expressed to seek authorisation for forms of industrial action that are similar and that may be taken together or separately. It is therefore appropriate to seek authorisation for the forms of industrial action proposed in a single question.

[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 Mr Rowan Payne 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.

[5] An order has been separately issued in PR714587.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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