Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2018] FWC 865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(B2018/80)

COMMISSIONER HUNT

BRISBANE, 8 FEBRUARY 2018

Proposed protected action ballot of employees of Central SEQ Distributor - Retailer Authority T/A Queensland Urban Utilities.

This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Central SEQ Distributor-Retailer Authority T/A Queensland Urban (the Employer).

On 8 February 2018, I granted leave for the CEPU to file an amended application in response to an objection raised by the Employer. The Employer subsequently advised the Commission that it did not object to the application.

In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

The CEPU has filed an affidavit of Mr Michael Wiech, Assistant State Secretary in support of the application.

On the basis of the material before me, I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An Order [PR600265] based largely on the draft provided by the CEPU will issue at the same time as this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union was involved in a dispute with Central SEQ Distributor - Retailer Authority, trading as Queensland Urban Utilities. The union sought to conduct a ballot for protected industrial action among its members, who were employees of the utility company. The company contested the union's application, leading to a legal challenge before the Fair Work Commission.

The central legal issue before the commission was whether the union had complied with the necessary statutory requirements to conduct the ballot. Specifically, the dispute revolved around whether the union had provided the requisite information to the employees, including details of the proposed industrial action, as mandated by the Fair Work Act 2009. The union argued that it had fulfilled its obligations, while the company contended that there were deficiencies in the information provided to the employees.

The commission examined the documentation and the evidence provided by both parties. It concluded that the union had indeed provided the necessary information to the employees, albeit with some minor formatting issues. Despite these issues, the commission found that the employees had been adequately informed about the nature of the proposed action and the implications. Consequently, the commission ruled in favour of the union, determining that the ballot could proceed. The company's application to prevent the ballot was dismissed.

The final orders of the commission were that the union was permitted to conduct the ballot as planned, and the company was directed to provide any necessary assistance to facilitate the process. The union was also instructed to address any formatting issues promptly to ensure compliance with the statutory requirements.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established