Australian Workers' Union v Capral Limited
[2024] FWC 97
•12 JANUARY 2024
| [2024] FWC 97 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union
v
Capral Limited
(B2024/26)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 12 JANUARY 2024 |
Proposed protected action ballot of employees of Capral Limited
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 Capral Limited (Capral or Employer).
On 11 January 2024, the Commission was advised that Capral, in effect, did not object to the Application.[1]
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 James Downie on behalf of the AWU, 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 Capral, 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 Australian Electoral Commission. 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 26 February 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 PR770206.
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 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] The Respondent raised an inconsistency in Item 11 of Mr James Downie’s declaration, in relation to the outstanding claims discussed at the meeting on 6 December 2023.
[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.
Printed by authority of the Commonwealth Government Printer
<PR770207>
0
0
0