The Australian Workers' Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Australian Manufacturing Workers' Union v ASC Pty Ltd

[2024] FWC 962

[2024] FWC 962

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Australian Manufacturing Workers' Union

v

ASC Pty Ltd

(B2024/184)
(B2024/186)

(B2024/191)

COMMISSIONER PLATT ADELAIDE, 11 APRIL 2024

Proposed protected action ballot of employees of ASC Pty Ltd

1. On 4 March 2024 & 6 March 2024, the Australian Workers' Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU) lodged separate applications for a protected action ballot order under s.437 of the Fair Work Act 2009 (the Act) for protected industrial action of employees of ASC Pty Ltd (ASC).

1. On 6 March 2024, Deputy President Hampton issued a PABO Order[1]  and Decision[2] for each application, with the return date of the ballot being 22 April 2024.

1. On 10 April 2024, I conducted a mandatory conference pursuant to s.448A of the Act. Mr Stewart Gordon was the principal representative of the AMWU, Mr Crack was the principal representative of the AWU and Mr Pisoni was the principal representative of the CEPU. Mr Vallance with Mr Stocks represented ASC.

1. The parties are currently negotiating an enterprise agreement to cover the submarine maintenance operations conducted by ASC in South Australia.  The two fundamental issues in dispute are a claim for wage rates that are on a par with the rates applicable to ASC employees who perform work in Western Australia. The second issue is the wage increases to apply during the term of the Agreement.

1. I note that if the PABO ballot is successful, protected industrial action will be available after publication of the ballot result in late April 2024, and that protected industrial action may compromise the activities of ASC.

1. I am advised by ASC that its client - the Department of Defence, is also responsible for authorisation of any improved offers that can be made by ASC.

1. In my view the matters in dispute would be more efficiently progressed by a joint meeting between the ASC, the principal Union bargaining representatives and an authorised and properly instructed representative(s) of the Department of Defence. 

Recommendation

1. I recommend that a meeting of the parties described in the preceding paragraph occur not later than 17 April 2024, with the direct parties to the dispute to report back on the progress of the negotiations to the Commission by email, not later than 4:00pm (SA) Thursday, 18 April 2024.

1. In the event that the bargaining dispute has not resolved, the s.448A conference will resume at 10:00am (SA) Wednesday, 24 April 2024 in person in Adelaide.

COMMISSIONER

[1] PR772090, PR772092, PR772145.

[2] PR772091, PR772093, PR772146.

Printed by authority of the Commonwealth Government Printer

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