Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

[2024] FWC 997

[2024] FWC 997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

(B2024/443)

DEPUTY PRESIDENT HAMPTON SYDNEY, 16 APRIL 2024

Proposed protected action ballot of employees of Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 Atlas Programmed Marine Pty Ltd T/A Atlas Professionals (Atlas or Employer).

1. On 15 April 2024, the Respondent advised that it did not object to the application subject to there being an extended notice period of five (5) working days in relation to the proposed forms of industrial action to which the Applicant agreed.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 29 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice 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 five (5) working days applies to all items listed within Clause five (5) of the Order.

1. An Order has been separately issued in PR773557.

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 for 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] [2023] FWC 1400.

[2] This is, in effect, 8 working days from the date of the Order, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR773558>