The Australian Workers' Union v Innovative Asset Solutions Pty Ltd

[2024] FWC 1665

[2024] FWC 1665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union
v

Innovative Asset Solutions Pty Ltd

(B2024/811)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 JUNE 2024

Proposed protected action ballot of employees of Innovative Asset Solutions 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 Innovative Asset Solutions Pty Ltd (IAS or Employer).

1. On 25 June 2024, the Commission was advised that the Employer did not object to the Application following discussion between the parties. The parties communicated a consent position. Accordingly, I have decided that the matter will be determined on the papers without the need for a hearing.

1. On the basis of the material before me, including the declaration of Ross Kumeroa, Offshore Alliance Organiser, 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 it, 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 11 July 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

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

1. An Order has been separately issued in PR776395.

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, in effect, 11 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR776396>