Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v APT Management Services Pty Ltd trading as APA Group Pty Ltd

[2024] FWC 3582

[2024] FWC 3582

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 Management Services Pty Ltd trading as APA Group Pty Ltd

(B2024/1684)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 DECEMBER 2024

Proposed protected action ballot of employees of APT Management Services Pty Ltd trading as APA Group Pty Ltd

1. 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 APT Management Services Pty Ltd trading as APA Group Pty Ltd (APA Group or Employer).

1. This matter is a re-lodgement of an earlier application[1] by the CEPU involving the same Employer and proposed agreement. That application was the subject to submissions from the parties and an amended proposed order was advanced by the CEPU that adequately dealt with the issues raised by the APA Group. The earlier application was withdrawn by the CEPU noting that it had not been served on the proposed ballot agent as required by the Act. The Employer has not responded to an opportunity to be further heard on this application. However, I note that the draft order accompanying this present application is in the same terms as previously amended.

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 Steven Graham, Western Australia Branch Official, 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 APA Group, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 10 January 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR782793.

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 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] B2024/1666.

[2] This is, in effect, 11 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR782792>