Association of Professional Engineers, Scientists and Managers, Australia v Cleanco Queensland Limited

[2023] FWC 1655

[2023] FWC 1655

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
v

Cleanco Queensland Limited

(B2023/681)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 JULY 2023

Proposed protected action ballot of employees of Cleanco Queensland Limited

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Cleanco Queensland Limited (Cleanco or Respondent).

1. On 10 July 2023, the Commission was advised that the Respondent did not object to the application as amended to clarify the employees intended to be balloted under the Order.  

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

1. On the basis of the material before me, including the declaration of Mr Thomas Whibley, APESMA Lead Organiser, setting out the steps taken by the APESMA 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 all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 10 working days from the date of the Order (10 July 2023) has been approved by the Commission.  

1. An order has been separately issued in PR764038. 

1. This matter will be assigned to Commissioner Durham to conduct the s.448A conference in conjunction with matters B2023/583, B2023/584, and B2023/603, as requested by the parties. To the extent that this matter involves additional bargaining representatives, the Commissioner will also issue the Order requiring their attendance at the conference.

DEPUTY PRESIDENT

[1] 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

<PR764039>