Media, Entertainment and Arts Alliance v The Australian Ballet

[2023] FWC 2754

[2023] FWC 2754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Media, Entertainment and Arts Alliance
v

The Australian Ballet

(B2023/1126)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 OCTOBER 2023

Proposed protected action ballot of employees of The Australian Ballet

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 The Australian Ballet (or Employers).

1. On 20 October 2023, the Commission was advised that The Australian Ballet did not wish to make submissions in relation to the application.  

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

1. On 20 October 2023, the Commission emailed a revised draft order to the parties, which included amendments to the Applicant’s proposed order. The amendments related to drafting format to align with the Commission’s conventional form of protected ballot action orders. No objections were raised by either party.

1. On the basis of the material before me, including the declaration of Ms Annette Widitz, Senior Industrial Officer, 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 The Australian Ballet, 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 TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 6 November 2023.[2] This also established the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767481.

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 involved 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] TrueVote Pty Ltd [2023] FWC 1446.

[2] The Commission proposed this date in the correspondence referred to in paragraph 4 of this Decision. No objections were raised by either party.

Printed by authority of the Commonwealth Government Printer

<PR767482>