Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd

[2023] FWC 1219

[2023] FWC 1219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

OS MCAP Pty Ltd

(B2023/485)

DEPUTY PRESIDENT DOBSON BRISBANE, 25 MAY 2023

Proposed protected action ballot of employees of OS MCAP Pty Ltd

1. An application pursuant to s.437 of the Fair Work Act 2009 (the Act) has been filed by the Construction, Forestry, Mining and Energy Union (Applicant) for protected action ballot orders in relation to certain employees of OS MCAP Pty Ltd (Respondent)

1. The application was originally objected to by the Respondent. Following consultation with the Applicant, the Applicant provided an amended application to which the Respondent advised they no longer objected.

1. In these 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 Mitch Hughes of the Applicant setting out the steps taken by it 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 the requirements in s.443(1) of the Act have been met.

1. The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M Michael, the Managing Director of CiVs, has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVs has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore I appoint CiVS as the protected action ballot agent.

1. Orders will be issued separately with this decision.

DEPUTY PRESIDENT

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