| [2024] FWC 556 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union
v
Keppel Prince Engineering Pty Ltd
(B2024/169)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 1 MARCH 2024 |
Proposed protected action ballot of employees of Keppel Prince Engineering Pty Ltd
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 Keppel Prince Engineering Pty Ltd (Keppel or Employer).
On 29 February 2024, the Commission was advised that Keppel, in effect, did not 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 Rob Saunders 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 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 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 17 April 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An order has been separately issued in PR771968.
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] This is, in effect, 30 working days from the making of the Order, as sought in the application. It is also the period required by the Australian Electoral Commission to conduct a ballot.
Printed by authority of the Commonwealth Government Printer
<PR771969>
- AGLC
- Australian Workers' Union v Keppel Prince Engineering Pty Ltd [2024] FWC 556
- Case
- [2024] FWC 556
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the AWU had met all the necessary requirements under section 443(1) of the Fair Work Act to conduct a ballot and if the proposed notification time for the agreement was appropriate. The court had to ensure that the AWU genuinely attempted to reach an agreement with the employer and that all procedural requirements were satisfied. The application was supported by a declaration from Mr. Rob Saunders on behalf of the AWU, which outlined the bargaining steps taken and the union's efforts to reach an agreement.
Upon reviewing the material presented, the Deputy President found that the AWU had genuinely tried to reach an agreement and that all requirements under section 443(1) of the Act were fulfilled. The court determined that a notification time existed for the proposed agreement, and the Australian Electoral Commission would conduct the ballot. The closing date for voting was set at 17 April 2024, which also established the ballot period under section 448A(2) of the Act. The court also noted that this matter would be assigned to another member for a compulsory conciliation conference, where attendance of all bargaining representatives would be required.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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