Australian Workers' Union v SGS Australia Pty Ltd

[2024] FWC 1384

[2024] FWC 1384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

SGS Australia Pty Ltd

(B2024/582)

COMMISSIONER PERICA MELBOURNE, 28 MAY 2024

Proposed protected action ballot of employees of SGS Australia 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 SGS Australia Pty Ltd (SGS or Employer).

1. On 27 May 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 Jack Lipscombe, National Organiser, setting out the steps taken by the AWU in bargaining with SGS and that it has been, and is, genuinely trying to reach agreement with it, 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 10 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. At a mention heard at 5:00 PM on Monday, 27 May 2024, the AWU consented to an extended period of written notice of 5 working days for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within Clause five (5) of the Order.

2. An Order has been separately issued in PR775389.

1. A subsequent Order will be issued requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the s.448A compulsory conciliation conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] This is, in effect, 14 days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

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