Union of Christmas Island Workers v Indian Ocean Territories Administration

[2024] FWC 3192

[2024] FWC 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Union of Christmas Island Workers
v

Indian Ocean Territories Administration

(B2024/1485)

DEPUTY PRESIDENT SLEVIN SYDNEY, 19 NOVEMBER 2024

Proposed protected action ballot of employees of Indian Ocean Territories Administration

1. This is an application by the Union of Christmas Island Workers (UCIW) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Indian Ocean Territories Administration (IOTA). IOTA does 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 Gordon Sinclair Thomson, Union Official, setting out the steps taken by the UCIW in bargaining, and detailing how the union has been, and is, genuinely trying to reach agreement with IOTA, 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. UCIW has also sought that a person other than an eligible ballot agent be the ballot agent for the protected action ballot. This course was not opposed by IOTA. The person proposed in the application as the protected action ballot agent is Mr David Eric Price, CEO of the Christmas Island Shire. Mr Price has provided a declaration setting out that he would carry out the functions of the protected ballot agent, and that he has relevant experience as a Returning Officer in Christmas Island Shire elections. I am satisfied that Mr Price is a fit and proper person to conduct the ballot. I am also satisfied that Mr Price is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Price has agreed to be the protected action ballot agent. He is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. I determine that the ballot is to be conducted by Mr David Eric Price.

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 December 2024. This is a week longer than sought by UCIW. The additional week is to allow sufficient time for the Commission to conduct a conference in accordance with the requirement in s.448A of the Act.

1. An Order has been separately issued in PR781402

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

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