Australian Maritime Officers' Union v Fremantle Ports Authority

[2024] FWC 1465

[2024] FWC 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Maritime Officers' Union
v

Fremantle Ports Authority

(B2024/721)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 JUNE 2024

Proposed protected action ballot of employees of Fremantle Ports Authority

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 Fremantle Ports Authority (Fremantle Ports or Employer).

1. I note that Mr Kevin Russell Sneddon has made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 5 June 2024, the Commission was advised that the Employer, in effect, 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 Glenn Walsh, 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 Fremantle Ports, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 24 June 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 PR775682.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] B2024/720.

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

Printed by authority of the Commonwealth Government Printer

<PR775683>