The Australian Maritime Officers' Union v Solstad Australia Pty Ltd T/A Solstad Offshore ASA

[2023] FWC 2566

[2023] FWC 2566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Maritime Officers’ Union
v

Solstad Australia Pty Ltd T/A Solstad Offshore ASA

(B2023/1050)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 OCTOBER 2023

Proposed protected action ballot of employees of Solstad Australia Pty Ltd T/A Solstad Offshore ASA

1. This is an application by the Australian Maritime Officers’ Union (AMOU 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 Solstad Australia Pty Ltd T/A Solstad Offshore ASA (Solstad or Employer). 

1. On 5 October 2023, the Commission was advised that Solstad did not, in effect, object to the Application as amended. Solstad initially raised objections regarding the timeline for the ballot in the proposed Order. Both parties subsequently engaged in discussions and a final agreed timeframe was provided to the Commission later on 5 October 2023. This has been reflected in the ballot period addressed below and the timetable has been forwarded to the relevant ballot agent for its consideration under s.451 of the Act. A change to the wording of clause 3 of the Order was also proposed to parties on 6 October 2023 and neither party objected.

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 Mr Jarrod Moran, Senior Industrial Officer, setting out the steps taken by the AMOU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Solstad, 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 T/A CiVS (CiVS). CiVS 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 30 October 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The sequence of Clauses 6 to 9 in the proposed order were rearranged to reflect the Commission’s normal practice.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

1. An Order has been separately issued in PR766876.

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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, sixteen (16) working days from the date effect of the Order, as sought in the amended application after discussion between the parties.

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