Australian Workers' Union v Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

[2024] FWC 1027

[2024] FWC 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers’ Union
v

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

(B2024/452)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 APRIL 2024

Proposed protected action ballot of employees of Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

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 Atlas Programmed Marine Pty Ltd T/A Atlas Professionals (Atlas Professionals or Employer).

1. On 17 April 2024, the Commission was advised that the Employer did not object to the Application as amended to include reference to arrangements for emergency events and two additional ballot questions.

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 Jason Lipscombe, National Organiser Oil and Gas, 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 Atlas Professionals, 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 (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.

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 1 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of five (5) working days written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

1. An Order has been separately issued in PR773675.

1. 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 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] [2023] FWC 1400.

[2] This is, in effect, eight (8) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR773676>