The Australian Maritime Officers' Union v Southern Ports Authority T/A Southern Ports

[2024] FWC 2559

[2024] FWC 2559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Maritime Officers’ Union
v

Southern Ports Authority T/A Southern Ports

(B2024/1226)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 SEPTEMBER 2024

Proposed protected action ballot of employees of Southern Ports Authority T/A Southern Ports

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 Southern Ports Authority trading as Southern Ports (Southern Ports or Employer).

1. On 17 September 2024, the Commission was advised that the Employer, in effect, 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 declaration of Glenn Walsh, 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 Southern 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 10 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template and to reflect that it is the ballot agent that determines the timetable in conjunction with the parties.

1. An Order has been separately issued in PR779378.

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 15 working days from the making of the Order and was, in effect, the period sought in the application, which was stated by reference to the Commencement Date of the ballot as defined in that draft.

Printed by authority of the Commonwealth Government Printer

<PR779379>