CEPU, ASU and Professionals Australia v Utilities Management Pty Ltd

In the matter of CEPU, ASU and Professionals Australia, the unions, against Utilities Management Pty Ltd, the employer, the Fair Work Commission (FWC) was asked to resolve a dispute regarding the conduct of a proposed protected action ballot of employees of the respondent. The unions alleged that the employer was not genuinely trying to reach an agreement and had ceased bargaining. They sought an extension of the notification period for the proposed industrial action.

The legal issues before the FWC included whether the employer was genuinely attempting to reach an agreement, whether bargaining had indeed ceased, and if a proposed agreement existed. Additionally, the FWC had to determine whether the proposed action by the unions constituted industrial action, and if the notification time should be extended. The unions argued that the employer had not made any genuine attempts to negotiate, had ceased bargaining, and had imposed new terms and conditions. The employer, on the other hand, claimed that it had made genuine efforts to negotiate and that the proposed action was not protected action as defined by the Fair Work Act.

The FWC found that the employer had made genuine efforts to reach an agreement and that there was no evidence of a cessation of bargaining. The proposed agreement existed, and the proposed action by the unions was considered to be unprotected action, not protected action. The FWC determined that the notification time for the proposed action did not need to be extended. The FWC dismissed the application made by the unions, and no further orders were made.