Australian Municipal, Administrative, Clerical and Services Union v Maurice Blackburn Pty Ltd

[2024] FWC 3141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v

Maurice Blackburn Pty Ltd

(B2024/1457)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 14 NOVEMBER 2024

Proposed protected action ballot of employees of Maurice Blackburn Pty Ltd

This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 Maurice Blackburn Pty Ltd trading as Maurice Blackburn Lawyers (MB or Employer).

On 13 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended.

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 Marian McKeown, National Industrial Officer, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with MB, 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 Fair Vote Services Pty Ltd (FVS). FVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 28 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR781238.

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 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] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) applied to the Fair Work Commission for a protected action ballot order against Maurice Blackburn Pty Ltd, seeking to conduct a ballot among certain employees. The application was made under section 437 of the Fair Work Act 2009. The employer, Maurice Blackburn Pty Ltd, did not object to the application, leading the Deputy President to decide the matter on the submitted documents without holding a hearing.

The primary legal issue before the Deputy President was whether the ASU had met all the statutory requirements to conduct the ballot, including demonstrating that it had genuinely tried to reach an agreement with the employer and setting a notification period for the proposed agreement. The Deputy President examined the declaration of Marian McKeown, the National Industrial Officer of the ASU, which outlined the bargaining process and confirmed the union's genuine efforts to reach an agreement. Additionally, the Deputy President had to determine the closing date for the ballot voting in accordance with section 443(3)(c) of the Act.

The Deputy President was satisfied that the ASU had fulfilled all the necessary conditions for the ballot, including demonstrating genuine bargaining efforts and setting an appropriate notification period. The Deputy President approved the proposed closing date for the ballot voting as 28 November 2024, which aligns with the period requested in the application. Furthermore, the Deputy President authorised Fair Vote Services Pty Ltd to conduct the ballot, as it had been approved as a ballot agent under section 468A of the Act. A compulsory conciliation conference will be scheduled to facilitate negotiations regarding the proposed enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established