Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Vertech Group 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 Vertech Group Pty Ltd (Vertech or Employer). The Commission understands that the parties are bargaining for an enterprise agreement to replace the Vertech Group Pty Ltd Offshore Inspection Enterprise Agreement 2020 and Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021.

• [2] On 2 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application, as amended to clarify the group of employees to be balloted.

• [3] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Doug Heath, 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 Vertech, 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 17 April 2025.[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 PR785806.

• [8] 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.

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

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