Australian Workers' Union v Lineage AUS TRS Pty Ltd

[2024] FWC 3071

[2024] FWC 3071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Lineage AUS TRS Pty Ltd

(B2024/1434)

DEPUTY PRESIDENT WRIGHT SYDNEY, 6 NOVEMBER 2024

Proposed protected action ballot of employees of Lineage AUS TRS Pty Ltd

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 Lineage AUS TRS Pty Ltd (Lineage or Employer). 

1. I note that the United Workers’ Union (UWU)[1]  has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 6 November 2024, the Commission was advised that the Employer, 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. 

1. On the basis of the material before me, including the declaration of James Downie, Organiser, 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 Lineage, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 18 November 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template. 

1. An Order has been separately issued in PR780996.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives 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] B2024/1413.

[2] This is, in effect, eight working days from the date of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR780997>