Association of Professional Engineers, Scientists and Managers, Australia v Sydney Water Corporation T/A Sydney Water

[2023] FWC 2361

[2023] FWC 2361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia
v

Sydney Water Corporation T/A Sydney Water

(B2023/978)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 SEPTEMBER 2023

Proposed protected action ballot of employees of Sydney Water Corporation

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA 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 Sydney Water Corporation T/A Sydney Water (Sydney Water or Employer). 

1. On 15 September 2023, the Commission was advised that Sydney Water did not object to the Application, subject to clarification about several proposed ballot questions.  

1. In the circumstances, I conducted a hearing to deal with this application and 3 related applications; being those made by the Australian Municipal, Administrative, Clerical and Services Union (ASU)[1], the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[2] and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[3]. All applications relate to the same proposed enterprise agreement. As a result of discussions between the parties in and around the hearing, an agreed set of questions has been provided and leave has been given to amend the application accordingly.

1. On the basis of the material before me, including the declaration of Mr Stephen Turner, Industrial Officer, setting out the steps taken by the APESMA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Sydney Water, 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.  

1. 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[4] and consequently is authorised to conduct the ballot.

1. 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 29 September 2023.[5] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766214.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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

[1] B2023/977.

[2] B2023/979.

[3] B2023/987.

[4] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[5] This is, in effect, ten (10) working days from the date effect of the Order.

Printed by authority of the Commonwealth Government Printer

<PR766215>