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

[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

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).

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

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

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.

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.

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.

An Order has been separately issued in PR773200.

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

CaseChat Overview and Summary

The Australian Institute of Marine and Power Engineers (AIMPE) applied to the Fair Work Commission (FWC) for a protected action ballot order concerning employees of the Australian Maritime Safety Authority (AMSA). The application was made under section 437 of the Fair Work Act 2009. The employer, AMSA, did not object to the application, leading the Commission to determine the matter based on the documentation provided. The application aimed to facilitate a ballot for employees to consider protected industrial action, as AIMPE claimed to have been genuinely attempting to reach an agreement with AMSA.

The legal issues the Commission had to address involved verifying whether the conditions for a protected action ballot order under the Act were met. Specifically, the Commission needed to confirm that AIMPE had followed the required procedures and had genuinely attempted to negotiate with AMSA. The Commission also had to determine if the ballot agent, Democratic Outcomes Pty Ltd T/A CiVS (CiVS), was appropriately approved to conduct the ballot. The Commission reviewed the declaration by Sam Littlewood, AIMPE National Organiser, detailing the bargaining process and concluded that the statutory requirements were satisfied.

The Deputy President of the Commission, Wright, found that all necessary conditions for a protected action ballot were met. The Commission was satisfied with AIMPE's efforts to reach an agreement with AMSA and approved the use of CiVS as the ballot agent. The Commission set the closing date for voting as 19 April 2024, which established the ballot period. The decision was made without a hearing as AMSA did not object. The matter will proceed to a compulsory conciliation conference, and further orders will be issued to ensure meaningful negotiations between the parties.

The final order authorised the ballot and set the closing date for voting. Additionally, the Commission directed that another Member would oversee the compulsory conciliation conference and issue necessary orders to ensure the conference's effectiveness. This decision was made to ensure that the parties engage in meaningful negotiations to potentially resolve the dispute before any protected action is taken.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established