s.437 - Protected action

Proposed protected action ballot of employees of Fire Rescue Victoria

• [1] This decision concerns an application made by the United Firefighters' Union of Australia (UFU 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 Fire Rescue Victoria (FRV).

• [2] On 22 April 2025, FRV notified the Commission of several concerns it had with the application and the content of the proposed Order. I listed the application for Conference on 23 April 2025 to address these concerns.

• [3] During the Conference, the parties reached agreement to resolve a number of the concerns raised by FRV and FRV determined not to press any remaining matters.

• [4] In light of the parties' respective positions and FRV's withdrawal of their objections, I have decided to determine the matter on the papers without holding a hearing.

• [5] I have considered the material before me, including the declaration of Georgia Barendse, Industrial Legal Officer which sets out the steps taken by the UFU in bargaining with FRV and that it has been, and is, genuinely trying to reach agreement with FRV. 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.

• [6] The ballot is to be conducted by 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 and consequently is authorised to conduct the ballot.

• [7] For the purposes of s.443(3)(c) of the Act, the date by which voting in the ballot is to close is Monday 12 May 2025. This also establishes the ballot period for the purposes of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR786339.

• [9] A compulsory s.448A conciliation conference will be listed for the morning of Monday 5 May 2025. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at this conference. Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

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