The Australian Workers' Union v Citic Pacific Mining Management Pty Ltd

[2023] FWC 2762

[2023] FWC 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union
v

Citic Pacific Mining Management Pty Ltd

(B2023/1140)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 OCTOBER 2023

Proposed protected action ballot of employees of CITIC Pacific Mining Management Pty Ltd.

1. This is an application by the Australian Workers’ Union (AWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to CITIC Pacific Mining Management Pty Ltd (CITIC Pacific or Employer). 

1. I observe that there are related applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) in B2023/1090 and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) in B2023/1116. All applications relate to the same proposed enterprise agreement.

1. On 23 October 2023, the Commission was advised that CITIC Pacific did not, in effect, 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 Bradley Gandy, Branch Secretary, WA Branch of the AWU, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CITIC Pacific, 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 6 November 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767504.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matters. To the extent that this involves additional bargaining representatives, 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 period is, in effect, 10 working days from the date on which the protected action ballot order is made.

Printed by authority of the Commonwealth Government Printer

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