Australian Workers' Union v M&B Civil Pty Ltd

[2023] FWC 1690

[2023] FWC 1690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

M&B Civil Pty Ltd

(B2023/699)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 13 JULY 2023

Proposed protected action ballot of employees of M&B Civil Pty Ltd

1. This is an application by the Australian Workers' Union SA Branch (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, M&B Civil Pty Ltd (M&B Civil or Respondent). 

1. On 13 July 2023, the Commission was advised that the Respondent did not take any particular position on 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 Mr Simon Russell, AWU Industrial Officer, setting out the steps taken by the AWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with M&B Civil, 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (13 July 2023) has been established by this Commission.[1]  

1. An order has been separately issued in PR764176.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance 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 the minimum period required by the Australian Electoral Commission.

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