Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd Summary

[2025] FWC 2308

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

Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

(B2025/1253)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 AUGUST 2025

Proposed protected action ballot of employees of Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) 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 Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd (Ampcontrol or Employers). The Commission understands that the Employers are related businesses.

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 7 August 2025, the Commission was advised that the Employers, in effect, did not object to the Application but sought to clarify matters raised in the CEPU’s declaration.

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 Bradley McDougall, Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Ampcontrol, 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 Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero 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 21 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790473.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other 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] B2025/1245.

[2] This is, in effect, 10 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission (FWC) for a protected action ballot order concerning employees of Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd. The FWC was asked to decide whether the union's application met the statutory requirements to conduct a ballot for protected action under section 437 of the Fair Work Act 2009. The employers did not object to the application but sought clarification on certain matters raised by the union in its declaration.

The key legal issue was whether the union had genuinely attempted to reach an agreement with the employers and fulfilled all the conditions stipulated in section 443(1) of the Act. The union argued that it had been genuinely attempting to negotiate and reach an agreement. The employers did not object to the application but sought clarification on certain aspects of the union's declaration. The Commission had to determine whether the union's application satisfied all the statutory requirements, including the notification period and the steps taken to reach an agreement.

The Deputy President Hampton reviewed the union's declaration and concluded that all the requirements under section 443(1) of the Act were met. The union had genuinely attempted to negotiate and reach an agreement, and the proposed enterprise agreement had a notification period. The Commission also approved Vero Engagement and Voting Solutions Pty Ltd as the ballot agent and set the closing date for the ballot as 21 August 2025. The Commission issued an Order for the compulsory conciliation conference and directed the union and employers to attend the conference to conduct meaningful negotiations.

This decision established the parameters for the protected action ballot and set the timeline for the ballot process. It also ensured that the parties would engage in a conciliation conference to negotiate the proposed enterprise agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established