Construction, Forestry, Maritime, Mining and Energy Union v Compass Group (Australia) Pty Ltd and Compass Group Remote Hospitality Services Pty Ltd

[2023] FWC 2544

[2023] FWC 2544

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

Compass Group (Australia) Pty Ltd and Compass Group Remote Hospitality Services Pty Ltd

(B2023/1041)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 OCTOBER 2023

Proposed protected action ballot of employees of Compass Group (Australia) Pty Ltd and Compass Group Remote Hospitality Services 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 Compass Group (Australia) Pty Ltd and Compass Group Remote Hospitality Services Pty Ltd (Compass Group or collectively the Employer).[1] 

1. On 3 October 2023, the Commission was advised that Compass Group did not, in effect, object to the Application, as amended.[2]

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, Union Official, 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 the Compass Group, 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[3] 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 23 October 2023.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR7666789.

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] I note that the Employers collectively trade as Compass Group – ESS.

[2] On 3 October 2023, the Respondent also emailed the Commission with an agreed amended proposed order with changes made to Items eleven (11) and fourteen (14) within Clause 5.

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

[4] The application sought the ballot close 14 days after the ballot opens. 23 October 2023 is the first working day after that period and is, in effect, 16 days after the ballot opens and 19 days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

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