Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Anglo Coal (Moranbah North Management) Pty Ltd

[2023] FWC 2815

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

Anglo Coal (Moranbah North Management) Pty Ltd

(B2023/1167)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 27 OCTOBER 2023

Proposed protected action ballot of employees of Anglo Coal Pty Ltd

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 the Respondent, Anglo Coal (Moranbah North Management) Pty Ltd (Anglo Coal or Respondent).

On 27 October 2023, the Commission was advised, in effect, that the Respondent 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 Mr Craig William Thomas, CEPU State Organiser, setting out the steps taken by the CEPU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with them, 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 Democratic Outcomes Pty Ltd (CiVS). For the purposes of s.443(3)(c) and s.448A(2) of the Act, the date by which the ballot is to close is 10 November 2023[1].

An order has been separately issued in PR767642.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference in conjunction with related matter B2023/1148. The Member will issue the Order requiring attendance 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 10 working days from the commencement date of the order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) versus Anglo Coal (Moranbah North Management) Pty Ltd, dealt with an application made by the CEPU under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Anglo Coal. The application was filed as part of ongoing negotiations between the CEPU and Anglo Coal. The Respondent did not object to the application, leading the Deputy President to decide to determine the matter based on the submitted documentation without a hearing.

The legal issues at hand pertained to whether the CEPU had fulfilled the requirements of section 443(1) of the Fair Work Act to hold a protected action ballot. The application required the Commission to assess if the union had genuinely attempted to reach an agreement with the employer and if all procedural prerequisites for such a ballot were satisfied. The evidence presented, including a declaration by the CEPU's State Organiser, Craig William Thomas, outlined the union's efforts in bargaining with Anglo Coal and their ongoing attempts to reach an agreement.

After reviewing the evidence, the Deputy President concluded that the CEPU had indeed fulfilled the notification time requirement and all other conditions stipulated by section 443(1) of the Act. Consequently, the Commission granted the application for a protected action ballot, which is to be administered by Democratic Outcomes Pty Ltd (CiVS), with the ballot closing on 10 November 2023. Additionally, a separate order was issued in PR767642. The matter will be assigned to another member of the Commission to oversee the section 448A conference, which will be conducted in conjunction with related matter B2023/1148. Directions may be issued to ensure the parties are prepared for meaningful negotiations at the conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established