Mining and Energy Union v Gladstone Ports Corporation Limited

[2024] FWC 3256

[2024] FWC 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mining and Energy Union
v

Gladstone Ports Corporation Limited

(B2024/1524)

DEPUTY PRESIDENT CLANCY MELBOURNE, 25 NOVEMBER 2024

Proposed protected action ballot of employees of Gladstone Ports Corporation Limited

1. This is an application by the Mining and Energy Union (MEU 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 Gladstone Ports Corporation Limited (Gladstone Ports or Employer).

1. I note that the Australian Worker’s Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Plumbing Division and electrical and Energy Services Division (CEPU-PPTEU and CEPU-ETU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) [1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 22 November 2024 the Commission was advised that the Employer, in effect, did not object to the Application, as amended following discussions between the parties.

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 Jeffrey Michael Scales, District Vice President, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Gladstone 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 11 December 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 PR781601.

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 matters. That Member will issue an Order requiring the attendance of all bargaining representatives 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] B2024/1521, B2024/1500, B2024/1503, B2024/1504 and B2024/1518 respectively.

[2] This is, in effect, 12 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR781602>