Australian Workers' Union v Surf Life Saving Queensland

[2024] FWC 3524

[2024] FWC 3524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Surf Life Saving Queensland

(B2024/1646)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 DECEMBER 2024

Proposed protected action ballot of employees of Surf Life Saving Queensland

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 Surf Life Saving Queensland (SLS Queensland or Employer).

1. On 17 December 2024, the Commission was advised that the Employer, in effect, did not object to the Application.  I also observe that the proposed Order was subsequently amended to deal with an issue raised by the Commission and the Employer did not raise any objections in that regard.

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 Michael Anderson, 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 SLS Queensland, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 7 January 2025. The AWU sought the ballot to close 7 days from the making of the Order. As the date proposed would then fall during the closure of Fair Vote, a ballot close date of 7 January 2025 has been determined to accommodate the nominated ballot agent. In setting the ballot closure date I have also had regard to all of the circumstances of this matter as known to the Commission in giving effect to the relevant requirements of the Act. This date also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. One of the original ballot questions in Clause 5 was deleted and four others were amended by the AWU following statutory matters being raised by the Commission. As to questions 9 and 12, the circumstances are such that in this particular workplace the proposed action would involve a restriction limitation or delay in the performance of work[1] and the questions state the nature of the industrial action.[2]

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 PR782575.

1. 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 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] Section 19 of the Act.

[2] Section 443(3)(d) of the Act.

Printed by authority of the Commonwealth Government Printer

<PR782576>