Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) v Falck (Victoria) Pty Ltd

[2022] FWC 1274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
v

Falck (Victoria) Pty Ltd

(B2022/468)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 24 MAY 2022

Proposed protected action ballot of employees of Falck (Victoria) Pty Ltd.

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Falck (Victoria) Pty Ltd (the Respondent).

On 24 May 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Chelsea Hill of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR741921.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to employees of Falck (Victoria) Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, which allows for such orders when a union has been genuinely attempting to reach an agreement with an employer. Falck (Victoria) Pty Ltd did not object to the application, leading the Deputy President to decide the matter on the papers without a hearing.

The legal issues before the court involved determining whether the union had met the statutory requirements for a protected action ballot. This included verifying that the union had genuinely attempted to negotiate with the employer and that the requisite notification period had passed. The union provided a declaration from Chelsea Hill, outlining the bargaining process and asserting their genuine efforts to reach an agreement.

The Deputy President found that the union had met the statutory requirements for a protected action ballot. The declaration and the absence of objections from the employer were sufficient to establish that the union had genuinely attempted to negotiate and that the notification period had elapsed. Consequently, the court issued an order allowing the ballot to proceed.

The final orders of the court included granting the union's application for a protected action ballot order, thereby permitting the union to proceed with the ballot for the employees of Falck (Victoria) Pty Ltd. This decision underscores the importance of the union's efforts in good faith bargaining and the procedural compliance necessary for such protected actions under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established