Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Altus Traffic Pty Ltd T/A Altus Traffic

[2023] FWC 1987

[2023] FWC 1987

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

Altus Traffic Pty Ltd T/A Altus Traffic

(B2023/821)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 AUGUST 2023

Proposed protected action ballot of employees of Altus Traffic Pty. Ltd.

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Altus Traffic Pty Ltd T/A Altus Traffic (Altus Traffic or Employer). 

1. On 10 August 2023, the Commission was advised that Altus Traffic did not object to the Application. The Commission subsequently confirmed its intended approach to the definition of the group of employees to be balloted; being that Clause 3 of the proposed order would reflect the answer given by the Applicant under question 2.1 of the F34. No objections were raised by either party.  

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Chris Clark on behalf of the CEPU, 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 Altus Traffic, 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.

1. 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 21 September 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR765041.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR765042>