s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Falls Creek Ski Lifts Pty Ltd

• [1] This is an application made by Matthew Gregory pursuant to s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd (Employers).

• [2] On 12 June 2025, the Commission was advised that the Employers object to the Application on the grounds that they have been progressing discussions about a proposed enterprise agreement, that meetings have not "reached a stalemate" and that the application is "entirely premature". The Employers indicated they wished to be heard on this objection.

• [3] In those circumstances, I listed the matter for a hearing, to occur today, 16 June 2025. However, this morning, the Employers have indicated the objection to the application is withdrawn. On this basis the hearing was vacated, and I have determined the matter on the papers.

• [4] The proposed agreement is to replace the Falls Creek and Hotham Trades Maintenance Agreement 2023, and will cover Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd who appear to be related employers within the meaning of s 172(2) of the Act.

• [5] It is not in dispute that several persons have been appointed as bargaining representatives for the proposed agreement within the meaning of s 176(1)(c) of the Act. The Applicant, Mr Gregory, is one such person.

• [6] I have before me material including the declaration of Matthew Gregory and also a document filed before the hearing by Mr Gregory setting out the steps taken in bargaining with the Employers which assert that they have been and are genuinely trying to reach agreement with the Employers. 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.
• [7] The ballot is to be conducted by the Australian Electoral Commission (AEC). The AEC has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.
• [8] 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 25 July 2025.[1] This also establishes the ballot period for the purpose of s 448A(2) of the Act.
• [9] An Order has been separately issued in PR788214.
• [10] I will proceed to conduct the s 448A compulsory conference in due course and will issue an Order requiring the attendance of all bargaining representatives for the proposed agreement. A Direction will also issue that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is 30 working days from the making of the Order and was the date sought in the application.

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