Kevin Russell Sneddon v Fremantle Ports Authority

[2024] FWC 1464

[2024] FWC 1464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Kevin Russell Sneddon
v

Fremantle Ports Authority

(B2024/720)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 JUNE 2024

Proposed protected action ballot of employees of Fremantle Ports Authority

1. This is an application by Kevin Russell Sneddon (Mr Sneddon 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 Fremantle Ports Authority (Fremantle Ports or Employer).

1. I note that the Australian Maritime Officers’ Union have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 5 June 2024, the Commission was advised that the Employer, in effect, 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 Mr Sneddon, Lawyer, setting out the steps taken by the himself in bargaining with the Employer and that he has been, and is, genuinely trying to reach agreement with Fremantle Ports, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 24 June 2024.[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 PR775678.

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. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] B2024/721.

[2] This is effectively 7 working days after the anticipated commencement of the ballot, as sought in the appliction.

Printed by authority of the Commonwealth Government Printer

<PR775679>