1 Fair Work Act 2009 s.437—Protected action Transport Workers’ Union of Australia v Martin-Brower Australia Pty Ltd (B2024/8) DEPUTY PRESIDENT BOYCE SYDNEY, 12 JANUARY 2024 Proposed protected action ballot of employees of Martin-Brower Australia Pty Ltd [1] This is an application by the Transport Workers’ Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to relevant employees of Martin-Brower Australia Pty Ltd (Martin-Brower or Employer). [2] On 12 January 2024 a hearing was conducted to resolve outstanding objections raised by the Employer in respect of the application, and the protected ballot action orders sought in respect of same. [3] On the basis of the material before me, including the declaration of Mr Mark Smallwood, TWU Organiser, setting out the steps taken by the TWU in bargaining with the Employer, it is apparent to me that the TWU has been, and is, genuinely trying to reach agreement with the Employer. I am also 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 (as are relevant to this application) have been met. [4] 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 is consequently authorised to conduct the ballot. [5] An Order has been separately to this decision (see PR770196). [6] 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 fully aware of the issues between them and ready to conduct meaningful negotiations. [2024] FWC 96 DECISION [2024] FWC 96 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770197> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.