Daniel Dale, Peter Palmato, and Robert Janissen v The Commonwealth of Australia as represented by the Australian Consumer and Competition Commission

[2023] FWC 2858

[2023] FWC 2858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Daniel Dale,
Peter Palmato,
and Robert Janissen
v

The Commonwealth of Australia as represented by the Australian Consumer and Competition Commission

(B2023/1188)

DEPUTY PRESIDENT HAMPTON SYDNEY, 31 OCTOBER 2023

Proposed protected action ballot of employees of Australian Competition & Consumer Commission

1. This is an application by three individual bargaining representatives: Mr Daniel Dale, Mr Peter Palmato and Mr Robert Janissen (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Commonwealth of Australia as represented by the Australian Consumer and Competition Commission (ACCC or Employer). 

1. I note that the Community and Public Sector Union (CPSU) have made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 31 October 2023, the Commission was advised, in effect, that the ACCC did not 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. Section 437(1) of the Act permits 2 or more bargaining representatives to make an application for a ballot to be conducted.

1. On the basis of the material before me, including the declaration of Mr Daniel Dale on behalf of the Applicants, setting out the steps taken by them in bargaining with the Employer and they have been, and are, genuinely trying to reach agreement with the ACCC, 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 12 December 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR767779.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1131). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their 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] B2023/1131.

[2] The Applicants provided a revised application amending the legal name of the employer, the ballot close date in line with AEC requirements and making minimal amendment to clarify the voting cohort, which the Respondent confirmed it did not oppose.

[3] 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.

Printed by authority of the Commonwealth Government Printer

<PR767778>