Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia- Plumbing Division v Crown Melbourne Limited T/A Crown Casino Ltd Summary

[2023] FWC 2779

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– Plumbing Division
v

Crown Melbourne Limited T/A Crown Casino Ltd.

(B2023/1146)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 OCTOBER 2023

Proposed protected action ballot of employees of Crown Melbourne Limited Trading as Crown Casino Ltd.

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (PPTEU 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 Crown Melbourne Limited T/A Crown Casino Ltd. (Crown Casino or Employer).

I observe that there are related applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU)[1] and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)[2]. The applications relate to the same proposed enterprise agreement.
On 23 October 2023, the Commission was advised that Crown Casino did not, in effect, 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 Mr Nicholas McCubbin, Victorian Branch Organiser, setting out the steps taken by the PPTEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Crown Casino, 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 the Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.[3]
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 8 November 2023.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR767543.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matters. To the extent that this involves additional bargaining representatives, that Member will issue an Order requiring the attendance of all bargaining representatives involved 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] B2023/1041.

[2] B2023/1143.

[3] Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting[2023] FWC 1531.

[4] On 24 October 2023, the Commission emailed a draft Order to the parties, proposing to amend the date specified under Clauses 4 and 8.2.2. No objections were raised by either party.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division for a protected action ballot order concerning certain employees of Crown Melbourne Limited T/A Crown Casino Ltd. The union sought authorisation for a ballot to be conducted in relation to the employees' proposed enterprise agreement, which had been a subject of bargaining between the union and the employer. The application was made under section 437 of the Fair Work Act 2009, and the Commission considered related applications from other unions concerning the same agreement.

The legal issues before the Commission involved determining whether the union had met the requirements for a protected action ballot order under section 437 of the Fair Work Act. Specifically, the Commission had to ascertain whether the union had genuinely attempted to negotiate with the employer and whether all conditions stipulated under section 443 of the Act were fulfilled. Additionally, the Commission had to decide on the appropriateness of Vero Engagement & Voting Solutions Pty Ltd as the ballot agent and confirm the closing date for the ballot.

In rendering its decision, the Commission found that the union had genuinely tried to reach an agreement with the employer, fulfilling the requirements of section 443 of the Act. The Commission was satisfied with the union's efforts in bargaining and the establishment of a notification period for the proposed agreement. Vero Voting was approved as an eligible agent to conduct the ballot, and the Commission set the closing date for the ballot as 8 November 2023. The employer did not object to the application, which led the Commission to decide on the matter without a hearing.

The Commission issued an order approving the ballot and authorised Vero Voting to conduct it. The matter will be assigned to another member of the Commission for a compulsory conciliation conference to facilitate further negotiations between the parties. The Commission may also issue directions to ensure the parties are prepared for meaningful discussions during the conference.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia- Plumbing Division v Crown Melbourne Limited T/A Crown Casino Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established