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

[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

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).

On 4 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
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.
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.
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.

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

An Order has been separately issued in PR778957.

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

CaseChat Overview and Summary

The Media Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of GNM Australia Pty Ltd trading as The Guardian Australia. The application was made to facilitate a ballot regarding a proposed enterprise agreement, and the employer, GNM, indicated it did not object to the application. The Deputy President Hampton was responsible for the decision, which was issued on 5 September 2024.

The primary legal issue for the Deputy President to address was whether the requirements under section 443(1) of the Act had been met for a protected action ballot. This involved verifying the steps taken by MEAA in negotiating with GNM, and ensuring that all procedural prerequisites were fulfilled. Furthermore, the court had to consider the validity of the proposed ballot agent, TrueVote Pty Ltd, and determine the closing date for voting in accordance with section 443(3)(c) of the Act.

The Deputy President Hampton concluded that MEAA had genuinely endeavoured to reach an agreement with GNM and that all requirements under section 443(1) were met. TrueVote was confirmed as an approved agent for conducting the ballot, and the Deputy President set 19 September 2024 as the closing date for voting. This date was calculated as ten working days from the date of the order, following consultation with the parties. The Deputy President also addressed the deletion of one of the original ballot questions, which was removed in response to concerns raised by the Commission.

The final orders included the approval of the ballot, the appointment of TrueVote as the ballot agent, and the setting of the voting closing date. The matter was subsequently assigned to another member of the Commission for a compulsory conciliation conference, with directions to ensure meaningful negotiations between the parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established