Construction, Forestry, Maritime, Mining and Energy Union The Maritime Union of Australia Division v

[2023] FWC 2913

[2023] FWC 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division
v

The Trustee for the Polaris Marine Trust No. 1 T/A Polaris Marine

(B2023/1209)

DEPUTY PRESIDENT WRIGHT SYDNEY, 6 NOVEMBER 2023

Proposed protected action ballot of employees of The Trustee for the Polaris Marine Trust No. 1 T/A Polaris Marine

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division (MUA 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 the Trustee for the Polaris Marine Trust No. 1 T/A Polaris Marine (Employer). 

1. On 3 November 2023, the Commission was advised that the Employer did not object to the Application.

1. On the basis of the material before me, including the declaration of Shane Reside, Organiser on behalf of the MUA setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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 24 November 2023.[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 PR768012.

1. This matter will shortly be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. 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] This is in effect 14 working days from the date of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR768011>