Construction, Forestry, Maritime, Mining and Energy Union the Maritime Union of Australia Division v GeelongPort Pty Ltd

[2023] FWC 2867

[2023] FWC 2867

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

GeelongPort Pty Ltd

(B2023/1194)

DEPUTY PRESIDENT HAMPTON SYDNEY, 1 NOVEMBER 2023

Proposed protected action ballot of employees of GeelongPort Pty Ltd.

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU 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 GeelongPort Pty Ltd (GeelongPort or Employer).

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 1 November 2023, the Commission was advised, in effect, that GeelongPort 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 David Ball, Deputy Victorian Branch Secretary, The Maritime Union of Australia, setting out the steps taken by the CFMMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with GeelongPort, 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 Australian Electoral Commission. 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 14 December 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 PR767809.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matter (B2023/1195). 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] B2023/1195.

[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

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