Australian Worker's Union v ASC Shipbuilding Pty Limited T/A BAE Systems Australia

[2024] FWC 3598

[2024] FWC 3598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Worker’s Union
v

ASC Shipbuilding Pty Limited T/A BAE Systems Australia

(B2024/1705)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 DECEMBER 2024

Proposed protected action ballot of employees of ASC Shipbuilding Pty Limited

1. This is an application by the Australian Workers’ Union (AWU 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 ASC Shipbuilding Pty Limited trading as BAE Systems Australia (BAE or Employer).

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] have both made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 30 December 2024, the Commission was advised that the Employer, in effect, did not object to the Application, as amended following discussions between the parties.

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 Nathan Crack, Branch Official, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with BAE, 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 the Australian Electoral Commission (AEC).

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 12 February 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 PR782872.

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 matters. 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] B2024/1704 and B2024/1706, respectively.

[2] This is 30 working days from the making of the Order as sought in the application and is the minimum period required by the AEC to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

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