Media Entertainment and Arts Alliance v GNM Australia Pty Ltd T/A the Guardian Australia

[2024] FWC 2400

[2024] FWC 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Media Entertainment and Arts Alliance
v

GNM Australia Pty Ltd T/A The Guardian Australia

(B2024/1141)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 SEPTEMBER 2024

Proposed protected action ballot of employees of GNM Australia Pty Ltd

1. This is an application by the Media Entertainment and Arts Alliance (MEAA 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 GNM Australia Pty Ltd trading as The Guardian Australia (GNM or Employer).

1. On 4 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended.

2. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

3. On the basis of the material before me, including the declaration of Harriet Blaazer-Grossi, Industrial Organiser, setting out the steps taken by the MEAA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with GNM, 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.

4. The ballot is to be conducted by TrueVote Pty Ptd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

5. 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 19 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. One of the original ballot questions in Clause 5 was deleted by the Applicant following concerns raised by the Commission.

1. An Order has been separately issued in PR778957.

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 for 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] This is, in effect, ten (10) working days from the date of Order and was the period established by the Commission following consultation with the parties.

Printed by authority of the Commonwealth Government Printer

<PR778958>