The Australian Maritime Officers' Union, Construction, Forestry and Maritime Employees Union and the Australian Institute of Marine and Power Engineers v ASP Ship Management Pty Ltd

[2024] FWC 1383

[2024] FWC 1383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Maritime Officers' Union, Construction, Forestry and Maritime Employees Union and the Australian Institute of Marine and Power Engineers
v

ASP Ship Management Pty Ltd

(B2024/584)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 MAY 2024

Proposed protected action ballot of employees of ASP Ship Management Pty Ltd

1. This is an application by The Australian Maritime Officers’ Union (AMOU), the Construction, Forestry and Maritime Employees Union (CFMEU) and The Australian Institute of Marine and Power Engineers (AIMPE) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ASP Ship Management Pty Ltd (ASP or Employer).

1. On 27 May 2024, the Commission was advised that the Employer did not object to the Application.

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 declarations of Tracey Ellis, Industrial Officer (AMOU), Paul Gallagher, Industrial Officer (CFMEU) and Nathan Niven, Senior National Organiser, (AIMPE) setting out the steps taken by the AMOU, CFMEU and AIMPE, respectively, in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with it, 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 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775385.

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 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] This is, in effect, 10 days from the date the ballot opens, as sought in the application noting there is a public holiday in Victoria that falls on 10 June.

Printed by authority of the Commonwealth Government Printer

<PR775386>