Construction, Forestry and Maritime Employees Union & The Australian Maritime Officers' Union v Bits Ferry Services Pty Ltd

[2024] FWC 839

[2024] FWC 839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union & The Australian Maritime Officers' Union
v

BITS Ferry Services Pty Ltd

(B2024/279)

DEPUTY PRESIDENT WRIGHT SYDNEY, 3 APRIL 2024

Proposed protected action ballot of employees of BITS Ferry Services Pty Ltd

1. This is an application by the Construction, Forestry and Maritime Employees Union and the Australian Maritime Officers’ Union (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of BITS Ferry Services Pty Ltd (Employer). 

1. On 2 April 2024, the Commission was advised that the Employer 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 declarations of Christopher Claydon, Industrial Officer, AMOU and Paul Gallagher, CFMEU setting out the steps taken by the Applicants in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the Employer, 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 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[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 22 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773067.

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 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[2] The draft order filed by the Applicants provides that voting in the protected action ballot is to close is 10 days from the date the ballot opens. The date by which the Applicants and Employer are required to provide the ballot agent with their lists of employees/members is 8 April 2024. 22 April 2024 is 10 working days after this date.

Printed by authority of the Commonwealth Government Printer

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