1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union v Precast Civil Industries Pty Ltd T/A Civilmart (B2024/999) DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 AUGUST 2024 Proposed protected action ballot of employees of Precast Civil Industries 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 Precast Civil Industries Pty Ltd trading as Civilmart (Civilmart or Employer). [2] On 7 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application. [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of James Newbold, 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 Civilmart, 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. [5] 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. [6] 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 19 August 2024.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR778037. [8] The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template. [2024] FWC 2107 DECISION [2024] FWC 2107 2 [9] 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 Printed by authority of the Commonwealth Government Printer <PR778046> 1 This is, in effect, 7 calendar days from the anticipated commencement of the ballot and was the period sought in the application.