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

[2022] FWC 1209

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

(B2022/444)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 17 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 17 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 Nicholas McCubbin 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 PR741721.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) v Falck (Victoria) Pty Ltd was heard by the Fair Work Commission under section 437 of the Fair Work Act 2009. The union, CEPU, had applied for a protected action ballot order concerning certain employees of Falck (Victoria) Pty Ltd, with the aim of potentially taking industrial action due to unresolved disputes. The matter was determined on the papers submitted, as the respondent did not object to the application.

The legal issues that the Fair Work Commission had to decide included whether there was a notification time in relation to the proposed agreement and whether the requirements outlined in section 443(1) of the Fair Work Act had been met. These requirements included whether the union had genuinely tried to reach agreement with the employer and whether the proposed industrial action was related to the dispute between the union and the employer.

In reaching its decision, the Commission considered the declaration of Nicholas McCubbin of the CEPU, which detailed the steps taken by the union in bargaining with Falck (Victoria) Pty Ltd and that the union had been genuinely trying to reach agreement with the employer. Based on this evidence, the Commission was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met. Therefore, the Commission decided to grant the union's application for a protected action ballot order.

In conclusion, the Fair Work Commission issued an order for a protected action ballot, allowing the union to proceed with the ballot under the protection of the Act. This decision highlights the importance of good faith bargaining and the need for unions and employers to reach agreements in order to avoid potential industrial action.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established