Australian Institute of Marine and Power Engineers, The v Australian Maritime Safety Authority (AMSA) T/A Australian Maritime Safety Authority

[2024] FWC 876

[2024] FWC 876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Institute of Marine and Power Engineers, The
v

Australian Maritime Safety Authority (AMSA) T/A Australian Maritime Safety Authority

(B2024/402)

DEPUTY PRESIDENT WRIGHT SYDNEY, 5 APRIL 2024

Proposed protected action ballot of employees of Australian Maritime Safety Authority (AMSA) Trading As Australian Maritime Safety Authority

1. This is an application by the Australian Institute of Marine and Power Engineers (Applicant or AIMPE) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Maritime Safety Authority (AMSA) T/A Australian Maritime Safety Authority (Employer).

1. On 4 April 2024, the Commission was advised that the Employer did not object to the Application.

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 Sam Littlewood, AIMPE National Organiser, setting out the steps taken by the Applicant in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the Employer, 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 been approved as an eligible protected action ballot agent under s.468A of the Act[1] and consequently is authorised to conduct the ballot.

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 19 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773200.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

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

[2] This is in effect 7 working days from the commencement date of the ballot, as sought in the application.

Printed by authority of the Commonwealth Government Printer

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