Media, Entertainment and Arts Alliance v Australian Centre for Contemporary Art

[2023] FWC 1495

[2023] FWC 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Media, Entertainment and Arts Alliance

v

Australian Centre For Contemporary Art

(B2023/628)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 JUNE 2023

Proposed protected action ballot of employees of Australian Centre for Contemporary Art

1. This is an application by the Media, Entertainment and Arts Alliance (MEAA) 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, Australian Centre for Contemporary Art (ACCA). 

1. On 22 June 2023, the Commission was advised that the Respondent did not object to the Application. 

1. The Commission held a hearing on Friday 23 June 2023 to seek some clarification about the ballot questions and the form of the proposed Order more generally. The final form of Order adopted by the Commission has the support of both parties.

1. On the basis of this hearing and the material now before me, including the declaration of Mr Nicholas Anderson, Visitor Experience Team Member for the ACCA and a delegate of the MEAA, setting out the steps taken by the MEAA in bargaining with ACCA 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 days from the date of the Order has been established by the Commission.  

1. An order has been separately issued in PR763478.

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. This will involve all bargaining representatives for the proposed enterprise agreement. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR763479>