The Australian Workers' Union v Downer EDI Works Pty Ltd T/A Downer

[2024] FWC 891

[2024] FWC 891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union
v

Downer EDI Works Pty Ltd T/A Downer

(B2024/409)

DEPUTY PRESIDENT WRIGHT SYDNEY, 8 APRIL 2024

Proposed protected action ballot of employees of Downer EDI Works Pty Ltd

1. This is an application by the Australian Workers’ Union (AWU 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 Downer EDI Works Pty Ltd T/A Downer (Employer).

1. On 5 April 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 declaration of Joel Archer, Lead Organiser AWU, setting out the steps taken by the Applicant in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the Employer, 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. 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 21 May 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 PR773256.

1. This matter will shortly be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. 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 30 working days from the date of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR773255>