Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Rigforce Contracting Pty Ltd T/A RFM Offshore

[2023] FWC 1528

[2023] FWC 1528

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

Rigforce Contracting Pty Ltd T/A RFM Offshore

(B2023/640)

DEPUTY PRESIDENT O'KEEFFE PERTH, 26 JUNE 2023

Proposed protected action ballot of employees of Rigforce Contracting Pty Ltd Trading As RFM Offshore

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Rigforce Contracting Pty Ltd t/a RFM Offshore (Respondent).

1. On 26 June 2023 my Associate was advised that the Respondent 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 Mr Adam Woodage of the Applicant setting out the steps taken by it in bargaining with the Respondent, I am satisfied that that the requirements in s.443(1) of the Act have been met in that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent.  

1. I am also satisfied that there is a notification time in relation to the proposed agreement.

1. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS).  In matter [2023] FWC 1400, CiVS was approved as an eligible protected action ballot agent under s.468A of the Act and thus meets the requirements of s.444(1C) of the Act.

1. I therefore appoint CiVS as the protected action ballot agent.

1. An order has been separately issued in PR763590.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR763592>