Australian Municipal, Administrative, Clerical and Services Union v CS Energy Limited

[2024] FWC 1089

[2024] FWC 1089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v

CS Energy Limited

(B2024/477)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 APRIL 2024

Proposed protected action ballot of employees of CS Energy Limited

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 CS Energy Limited (CS Energy or Employer).

1. I note that the Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made separate applications for a protected action ballot order in relation the same proposed agreement.[1]

1. On 24 April, the Respondent advised that it did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Benjamin Ellis, Senior Industrial Officer, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CS Energy, 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 Australian Electoral Commission (AEC).

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 7 June 2024.[2]  This also establishes the ballot period for the purpose of s.448A(2) of the Act.

2. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of seven (7) working days written notice for the purposes of s.414(2)(b) of the Act when taking the forms of industrial action arising from questions 1, 2, 3, 8, 10, 11, 12, 13 and 14 in clause 5 of the Order made by the Commission. The default period of three working days will apply to the remaining forms of action arising from the ballot question.

1. An Order has been separately issued in PR774251.

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. That Member will issue an Order requiring the attendance of all bargaining representatives for 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

[1] B2024/480, B2024/481, and B2024/487.

[2] This is, in effect, thirty (30) working days from the date of the Order, which is the minimum period required by the AEC.

Printed by authority of the Commonwealth Government Printer

<PR774252>