Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Apt Am Employment Pty Ltd T/A APA Group

[2023] FWC 1612

[2023] FWC 1612

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

Apt Am Employment Pty Ltd T/A APA Group

(B2023/669)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 JULY 2023

Proposed protected action ballot of employees of APT AM Employment 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 the Respondent, Apt Am Employment Pty Ltd T/A APA Group (APA Group or Respondent). 

1. On 3 July 2023, the Commission was advised that the Respondent did not object to the Application.

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 Paul Scudds, CEPU Union 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 the Respondent, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (3 July 2023) has been established by this Commission.[1]  

1. As agreed, and being satisfied that there are relevant exceptional circumstances, the Order provides that under s 443(5) of the Act, the period of written notice for the purposes of s.414(2)(b) of the Act to be provided by the CEPU to the APA Group for the taking of protected industrial action in the form of action listed in the questions set out in the Order, is extended to a period of five (5) working days.

1. An order has been separately issued in PR763863.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this 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] 1This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR763872>