United Workers' Union & Matthew Kloock v Donaldson Australasia Pty Ltd

[2024] FWC 930

[2024] FWC 930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union &  Matthew Kloock
v

Donaldson Australasia Pty Ltd

(B2024/427)

DEPUTY PRESIDENT CROSS SYDNEY, 11 APRIL 2024

Proposed protected action ballot of employees of Donaldson Australasia Pty Ltd

1. This is an application by the United Workers' Union & Matthew Kloock (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Donaldson Australasia Pty Ltd (Respondent).

1. On 10 April 2024, my Associate was advised that the Respondent 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 declarations of Matthew Klook and Sukanya Anantharaman of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that 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 (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 24 April 2024.

1. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Two orders have been separately issued in PR773379 and PR773380.

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 for 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

Printed by authority of the Commonwealth Government Printer

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