Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A Electrical Trades Union (Victoria Branch) v Crown Melbourne Limited T/A Crown Casino Ltd Summary

[2023] FWC 2773

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 T/A Electrical Trades Union (Victoria Branch)
v

Crown Melbourne Limited T/A Crown Casino Ltd.

(B2023/1141)

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 T/A Electrical Trades Union (Victoria Branch) (ETU 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)[1] and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (PPTEU)[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 Ms Chelsea Hill, Legal and Industrial Admin Facilitator, setting out the steps taken by the ETU 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 PR767527.
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. 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] B2023/1143.

[2] B2023/1146.

[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 dealt with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A Electrical Trades Union (Victoria Branch) for a protected action ballot order in relation to certain employees of Crown Melbourne Limited T/A Crown Casino Ltd. The application was made under section 437 of the Fair Work Act 2009. This case involved a dispute regarding the proposed enterprise agreement between the union and the employer. The union sought to conduct a ballot among its members to determine whether they would support protected industrial action in the event that the proposed agreement was not accepted by the employer.

The legal issues before the Commission included whether the union had genuinely attempted to reach an agreement with the employer, whether the union had met all the requirements under section 443 of the Act, and whether the proposed ballot period was reasonable and appropriate. Additionally, the Commission had to consider whether the designated ballot agent, Vero Engagement & Voting Solutions Pty Ltd, was suitably approved to conduct the ballot.

In determining the matter, the Deputy President observed that the employer did not object to the application and that the union had provided evidence of its genuine attempts to reach an agreement with the employer. The Commission was satisfied that all the requirements of section 443(1) of the Act had been met, including the notification period for the proposed agreement. The Deputy President also found that Vero Voting was an approved ballot agent under section 468A of the Act, making it eligible to conduct the ballot. The Commission set the closing date for the voting period as 8 November 2023, establishing the ballot period for the purposes of section 448A(2) of the Act.

The final orders included the granting of the protected action ballot order, with the specified closing date for voting, and the assignment of another Member of the Commission to conduct the compulsory conciliation conference in conjunction with related matters. This Member would also issue orders requiring the attendance of all bargaining representatives and likely issue directions to ensure meaningful negotiations.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A Electrical Trades Union (Victoria Branch) 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