Construction, Forestry and Maritime Employees Union v Strait Link Shipping Pty Ltd T/A Strait Link Shipping
[2023] FWC 3429
•20 DECEMBER 2023
| [2023] FWC 3429 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Construction, Forestry and Maritime Employees Union
v
Strait Link Shipping Pty Ltd T/A Strait Link Shipping
(B2023/1382)
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 DECEMBER 2023 |
Proposed protected action ballot of employees of Strait Link Shipping Pty Ltd.
An application was filed by the Construction, Forestry, Mining and Energy Union (CFMEU) pursuant to s.437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to certain employees of Strait Link Shipping Pty Ltd T/A Strait Link Shipping (Strait Link).
On 19 December 2023 Strait Link advised that it did not object to the application, however argued that the period of notice should be extended from the minimum 3 working days’ notice to 5 working days’ notice for specific forms of protected action as outlined in the draft order. Strait Link withdrew its argument the same day.
On the basis of the material before me, including the declaration of Mr Aarin Moon of the CFMEU setting out the steps taken by the CFMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Strait Link, I am satisfied that there is a notification time in relation to the proposed agreement and that all 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 recently been approved as an eligible protected action ballot agent under s.468A of the Act (Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400) and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 19 January 2024 has been determined by the Commission.
An Order has been separately issued (PR769680).
The matter will be listed for a s.448A compulsory conciliation conference and an Order to Attend and Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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