Australian Workers' Union, The v Tidewater Ship Management (Australia) Pty Ltd
[2024] FWC 874
•5 APRIL 2024
| [2024] FWC 874 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union, The
v
Tidewater Ship Management (Australia) Pty Ltd
(B2024/404)
| DEPUTY PRESIDENT BINET | PERTH, 5 APRIL 2024 |
Proposed protected action ballot of employees of Tidewater Ship Management (Australia) Pty Ltd
This is an application by the Australia 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 Tidewater Ship Management (Australia) Pty Ltd (Tidewater).
On 4 April 2024, the Fair Work Commission (FWC) was advised that Tidewater did not, in effect, object to the Application.
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 Mr Jason Lipscombe, Organiser, setting out the steps taken by the AWU in bargaining with Tidewater and that it has been, and is, genuinely trying to reach agreement with them, 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 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 is to close is 19 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR773192.
This matter will be listed for a s.448A compulsory conciliation conference. A separate Order will be issued 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, 6 days after the expected Commencement Date of the ballot (14 days from the making of this order), as sought in the application.
Printed by authority of the Commonwealth Government Printer
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