Association of Professional Engineers, Scientists and Managers, Australia, The, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd T/A BHP Mitsubishi Alliance (BMA)

[2023] FWC 3269

[2023] FWC 3269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia, The, Mining and Energy Union

v

BM Alliance Coal Operations Pty Ltd T/A BHP Mitsubishi Alliance (BMA)

(B2023/1330)

DEPUTY PRESIDENT WRIGHT SYDNEY, 6 DECEMBER 2023

Proposed protected action ballot of employees of BM Alliance Coal Operations Pty Ltd Trading As BHP Mitsubishi Alliance (BMA).

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Mining and Energy Union (MEU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of BM Alliance Coal Operations Pty Limited T/A BHP Mitsubishi Alliance (BMA or Employer). 

1. The matter was listed or hearing on 6 December 2023. At the hearing, the parties advised the Commission that they had reached agreement in relation to the terms of a draft protected action ballot order.

1. On the basis of the material before me, including the declarations of Zac Gallagher, Senior Organiser, APESMA, and Jeffrey Scales, District Vice President, MEU, setting out the steps taken by APESMA and the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with BMA, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting. Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.[1]

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 20 December 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR769091.

1. This matter will soon be listed for the s.448A compulsory conciliation conference. An Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference will be issued together with Directions that ensure the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] Vero Engagement & Voting Solutions Pty Ltd[2023] FWC 1531.

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