Australian Institute of Marine & Power Engineers v Serco Defence Services Pty Limited T/A Serco
[2024] FWC 3
•2 JANUARY 2024
| [2024] FWC 3 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Institute of Marine & Power Engineers
v
Serco Defence Services Pty Limited T/A Serco
(B2023/1411)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 2 JANUARY 2024 |
Proposed protected action ballot of employees of Serco Defence Services Pty Limited T/A Serco
This is an application by the Australian Institute of Marine & Power Engineers (AIMPE or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Serco Defence Services Pty Limited T/A Serco (Serco or Employer).
On 2 January 2024, the Commission was advised that Serco did not, in effect, object to the Application subject to certain concerns, which I have addressed at Paragraph 7 of this Decision.
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 Mr Nathan Niven, Senior National Organiser, setting out the steps taken by the AIMPE in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Serco, 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 January 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
The Respondent raised concerns in relation to the ability for Serco employees to participate in the Ballot, noting that the employees to be balloted are currently at sea. The Applicant subsequently provided submissions, supporting their proposal for the ballot to close by 19 January 2023. The Applicant advised that the employees at sea have access to their emails on board the vessel.[3] Accordingly, I am satisfied that the form of voting (electronic) would enable employees at sea to participate in the ballot within the Applicant’s proposed ballot period.
An Order has been separately issued in PR769886.
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, thirteen (13) working days from the date of the Order.
[3] Applicant email dated 2 January 2024.
Printed by authority of the Commonwealth Government Printer
<PR769887>
0
0
0