Construction, Forestry, Maritime, Mining and Energy Union v Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

[2023] FWC 1546

[2023] FWC 1546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v

Atlas Programmed Marine Pty Ltd T/A Atlas Professionals

(B2023/647)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 JUNE 2023

Proposed protected action ballot of employees of Atlas Programmed Marine Pty Ltd

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Atlas Programmed Marine Pty Ltd T/A Atlas Professionals (Atlas).

1. On 27 June 2023, the Commission was advised that the Respondent did not object to the Application on the basis that the proposed Order be amended in relation to the notice to be given of industrial action under s.414(2)(b) of the Act. The CFMMEU consented to that variation.  

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 Mr George Gakis, CFMMEU Official, setting out the steps taken by CFMMEU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 21 working days from the date of the Order (27 June 2023) has been established by the Commission.  

1. Being satisfied that there are relevant exceptional circumstances, and by consent between the parties, pursuant to s443(5) of the Act, the Commission has ordered that the period of written notice for the purposes of section 414(2)(b) of the Act be seven (7) calendar days.

1. An order has been separately issued in PR763629. 

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance 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] 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

<PR763630>