| [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
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).
On 26 June 2023 my Associate was advised that the Respondent did not object to the application.
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 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.
I am also satisfied that there is a notification time in relation to the proposed agreement.
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.
I therefore appoint CiVS as the protected action ballot agent.
An order has been separately issued in PR763590.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR763592>
- AGLC
- 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
- Case
- [2023] FWC 1528
- Decision Date
CaseChat Overview and Summary
The primary legal issues involved verifying the Applicant's compliance with the Act's requirements for a protected action ballot, including the genuine attempt to reach an agreement and the appropriateness of the proposed ballot agent, CiVS. The Applicant had to demonstrate that it had been genuinely trying to reach an agreement with the Respondent and that there was a notification period for the proposed agreement. Additionally, the Applicant needed to show that the proposed ballot agent, CiVS, met the eligibility criteria under the Act.
The Deputy President examined the material provided, including a declaration by Mr. Adam Woodage of the Applicant, confirming the steps taken in bargaining with the Respondent. The President found that the Applicant had genuinely attempted to reach an agreement and that the notification time for the proposed agreement was adequate. Furthermore, the President noted that CiVS had been approved as an eligible ballot agent in a previous matter, thus fulfilling the requirements of the Act. Consequently, the Deputy President appointed CiVS as the ballot agent for the proposed action.
An order was issued separately in PR763590, formalising the appointment of CiVS as the protected action ballot agent. This decision underscores the importance of the bargaining process and the necessity for compliance with the statutory requirements when seeking to conduct a protected action ballot.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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