Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) v Qantas Airways Limited Summary

[2024] FWC 3232

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 (CEPU)

Qantas Airways Limited

(B2024/1507)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 22 NOVEMBER 2024

Proposed protected action ballot of employees of Qantas Airways Limited

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 Qantas Airways Limited (Qantas or Employer).

I note that the Australian Workers’ Union (AWU) and the Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) have each made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.[1]

On 22 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties.

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 Matthew John Murphy, Union Official, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Qantas, 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.

The ballot is to be conducted by Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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

An Order has been separately issued in PR781541.

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 in 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] B2024/1506 and B2024/1508, respectively.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

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) under Section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Qantas Airways Limited. This application was made in the context of a proposed enterprise agreement and came amidst similar applications by the Australian Workers' Union and the Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union. The Commission noted that Qantas did not object to the application following discussions with the CEPU.

The legal issues before the Commission involved determining whether the CEPU had genuinely attempted to reach an agreement with Qantas, whether all procedural requirements under Section 443 of the Act had been met, and whether the ballot agent, Vero Engagement and Voting Solutions Pty Ltd, was eligible and authorised to conduct the ballot. The Commission had to verify if the notification time for the proposed agreement was correctly established and whether the proposed ballot date met the statutory requirements.

In its decision, the Commission found that the CEPU had indeed been genuinely trying to reach an agreement with Qantas and that all requirements under Section 443(1) of the Act were fulfilled. The Commission determined the closing date for voting to be 6 December 2024, effectively establishing the ballot period. Vero was confirmed as an approved ballot agent under Section 468A of the Act. The Commission also noted that this matter would be assigned to another member for compulsory conciliation, along with related matters, to ensure meaningful negotiations.

The Commission issued an order for the ballot to proceed and another order for the compulsory conciliation conference, requiring all bargaining representatives to attend and be prepared to negotiate effectively.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established