Australian Workers' Union v Ventia Pty Ltd
[2023] FWC 3037
•21 NOVEMBER 2023
| [2023] FWC 3037 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union
v
Ventia Pty Ltd
(B2023/1269)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 21 NOVEMBER 2023 |
Proposed protected action ballot of employees of Ventia 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 Ventia Pty Ltd (Ventia or Employer).
On 17 November 2023, the Commission was advised that Ventia did not, in effect, object to the Application as amended.[1]
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 Steve Ackerman, 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 Ventia, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.
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 5 December 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR768431.
I observe that clauses six (6) to eight (8) of the Applicant’s proposed order has been reordered to reflect the Commission’s standard approach to protected action ballot orders.
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] On 17 November 2023, the parties agreed to amend Items 17 and 18 within Clause 5 of the proposed Order.
[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
[3] This is, in effect, ten (10) working days from the date of effect of the Order, as sought in the application.
Printed by authority of the Commonwealth Government Printer
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