Australian Maritime Officers' Union, The v Serco Defence Services Pty Limited T/A Serco

[2024] FWC 17

[2024] FWC 17

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Maritime Officers' Union, The
v

Serco Defence Services Pty Limited T/A Serco

(B2024/1)

DEPUTY PRESIDENT WRIGHT SYDNEY, 3 JANUARY 2024

Proposed protected action ballot of employees of Serco Defence Services Pty Limited Trading As Serco

1. This is an application by The Australian Maritime Officers' Union (AMOU 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). 

2. I observe that there is a related application by The Australian Institute of Marine and Power Engineers (AIMPE) in B2023/1411. Both applications relate to the same proposed enterprise agreement.

3. On 3 January 2024, the Commission was advised that Serco did not, in effect, object to the Application.

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

5. On the basis of the material before me, including the declaration of Mr Jarrod Moran, Senior Industrial Officer, setting out the steps taken by the AMOU 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.  

6. 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.

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

8. An Order has been separately issued in PR769937.

1. I have amended the order of paragraphs six (6) to eight (8) of the Applicant's proposed order to reflect the Commission's standard drafting style.

2. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matter. To the extent that this involves additional bargaining representatives, 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, 12 working days from the date of the Order.

Printed by authority of the Commonwealth Government Printer

<PR769936>