Australian Workers' Union, The v Infrabuild (Newcastle) Pty Ltd, Infrabuild (Manufacturing) Pty Ltd

[2023] FWC 2011

[2023] FWC 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v

Infrabuild (Newcastle) Pty Ltd, Infrabuild (Manufacturing) Pty Ltd

(B2023/823)

DEPUTY PRESIDENT WRIGHT SYDNEY, 11 AUGUST 2023

Proposed protected action ballot of employees of Infrabuild (Newcastle) Pty Ltd & Infrabuild (Manufacturing) Pty Ltd

1. This is an application by the Australian Workers Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd (the Respondents). 

1. On 10 August 2023, the Commission was advised that the Respondents 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 Mr Ben Horan, AWU Organiser, setting out the steps taken by the AWU in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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 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 in the protected action ballot is to close is 1 September 2023. This is the equivalent of 15 working days after the date of the Order (11 August 2023). This also establishes the period for the purposes of s.448A(2) of the Act.

1. An Order has been separately issued in PR765131.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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

Printed by authority of the Commonwealth Government Printer

<PR765130>