Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union v City of Rockingham

[2021] FWC 5939

[2021] FWC 5939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union
v
City of Rockingham
(B2021/774)

VICE PRESIDENT CATANZARITI SYDNEY, 16 SEPTEMBER 2021

Proposed protected action ballot of employees of City of Rockingham.

[1] This is an application by the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (Western Australian Division) (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 City of Rockingham (Respondent).

[2] On 13 September 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 Andrew Gerard Johnson of the Applicant declared on 10 September 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 PR734039.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR734040>