Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Alstom Transport Australia Pty Limited
[2025] FWC 451
•14 FEBRUARY 2025
| [2025] FWC 451 |
| 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
v
Alstom Transport Australia Pty Limited
(B2025/241)
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 14 FEBRUARY 2025 |
Proposed protected action ballot of employees of Alstom Transport Australia Pty 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 Alstom Transport Australia Pty Limited (Alstom or Employer).
I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.
On 12 February 2025, the Commission was advised that the Employer objected to questions 3 and 4 on the application, which involved stoppages for the purposes of engaging in social media activities. Both parties provided me with submissions on the admissibility of those questions and a hearing was scheduled for 14 February 2025 to determine the matter. However, prior to hearing I convened a conference between the parties and the CEPU agreed to withdraw those two questions. With the withdrawal of those questions Alstom did not oppose the order.
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 Andy Giddens, Assistant State Secretary, 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 it, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 3 March 2025[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued on 14 February 2025 [PR784383].
I will issue a separate order and directions to the parties for the s.448A conference which will be held before me.
DEPUTY PRESIDENT
[1] B2025/238
[2] This is, in effect, 10 working days from the anticipated commencement of the ballot and was the date sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR784381>
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