Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Alstom Transport Australia Pty Ltd Summary

[2024] FWC 2724

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
v

Alstom Transport Australia Pty Ltd

(B2024/1279)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 SEPTEMBER 2024

Proposed protected action ballot of employees of Alstom Transport Australia Pty Ltd

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 Ltd (Alstom or Employer).

I note that the Australian Workers’ Union (AWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

On 30 September 2024, the Commission was advised that the Employer, in effect, 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 Chelsea Hill, Legal Assistant, 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 Alstom, 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 Australian Electoral Commission.

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 12 November 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 PR779782.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matter. 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] B2024/1278.

[2] This is, in effect, 30 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to employees of Alstom Transport Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking to conduct a ballot for potential protected action due to a proposed enterprise agreement. The Australian Workers’ Union (AWU) had also filed a separate application concerning the same agreement.

The primary legal issues before the Commission were whether the CEPU had genuinely attempted to reach an agreement with the employer and if all procedural requirements under the Fair Work Act had been met to permit the ballot. The Commission had to determine if the CEPU had satisfied the conditions set out in section 443 of the Act and whether there was a notification time in relation to the proposed agreement.

The Deputy President of the Fair Work Commission, Hampton, concluded that the CEPU had genuinely attempted to negotiate with Alstom and that all requirements of section 443(1) of the Act were fulfilled. Given the employer's lack of objection, the matter was decided on the papers without a hearing. The Commission set the closing date for the voting period at 12 November 2024, effectively establishing a 30-working-day ballot period. The decision also noted that a separate order had been issued and that the matter would be assigned to another Commissioner for a compulsory conciliation conference.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Alstom Transport Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established