The Association of Professional Engineers, Scientists and Managers, Australia v Australian Nuclear Science and Technology Organisation

[2024] FWC 948

[2024] FWC 948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Association of Professional Engineers, Scientists and Managers, Australia
v

Australian Nuclear Science and Technology Organisation

(B2024/433)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 APRIL 2024

Proposed protected action ballot of employees of the Australian Nuclear Science and Technology Organisation

1. This is an application by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA 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 Nuclear Science and Technology Organisation (ANSTO or Employer).

1. On 11 April 2024, the Commission was advised that ANSTO did not, in effect, object to the Application as amended.[1]

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 Thomas Green, Union Organiser, setting out the steps taken by APESMA in bargaining with the Employer and that it has  been,  and  is,  genuinely  trying  to  reach  agreement  with ANSTO,  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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[2] and consequently is authorised to conduct the ballot.

2. 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 26 April 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773427.

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] Parties reached a consent position on amendments made to the application which included changes to ballot questions and some editorial corrections.

[2] [2023] FWC 1400.

[3] The Applicant lodged their application on 10 April 2023 and sought the ballot to close on the 23 April. This was in effect, ten (10) working days from the date of the application. The prescribed date for the ballot to close has been calculated by reference to the date the order has ultimately been made and is in effect nine (9) clear working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

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