Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ASSA ABLOY Entrance Systems Australia Pty Limited

[2024] FWC 1488

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

ASSA ABLOY Entrance Systems Australia Pty Limited

(B2024/730)

COMMISSIONER PERICA

MELBOURNE, 7 JUNE 2024

Proposed protected action ballot of employees of ASSA ABLOY Entrance Systems Australia Pty Limited

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 ASSA ABLOY Entrance Systems Australia Pty Limited (Employer).

On 6 June 2024, the Commission was advised that the Employer did not object to the Application.

On the basis of the material before me, including the declaration of Prameesh Chandra, Organiser, 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 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 Vero Engagement & Voting Solutions Pty Ltd trading as Vero Voting (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 June 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR775764.

This matter will shortly be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting[2023] FWC 1531.

[2] This is in effect 10 working days from the date of the order, as 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) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order in relation to certain employees of ASSA ABLOY Entrance Systems Australia Pty Limited. The application was made to facilitate a proposed industrial action ballot. ASSA ABLOY Entrance Systems Australia Pty Limited did not object to the application, as evidenced by the Commission's notification on 6 June 2024. The key issue before the Commission was to determine whether the CEPU had satisfied the statutory requirements to conduct a protected action ballot, particularly whether the union had genuinely attempted to reach an agreement with the employer and if all other relevant provisions of the Act were met.

The Commissioner found that the CEPU had indeed taken the necessary steps to bargain with the employer and had genuinely tried to reach an agreement. The Commissioner also noted that Vero Engagement & Voting Solutions Pty Ltd, trading as Vero Voting, had been approved as a ballot agent under section 468A of the Act and was authorised to conduct the ballot. Based on the evidence and submissions presented, the Commissioner was satisfied that all conditions under section 443 of the Act were fulfilled. Consequently, the Commissioner issued an order approving the ballot, setting the closing date for voting as 21 June 2024. This decision also triggered a compulsory conciliation conference under section 448A of the Act, aimed at facilitating meaningful negotiations between the parties involved.

The final orders of the Commission included the approval of the proposed protected action ballot, the designation of the closing date for voting, and the requirement for a conciliation conference. This comprehensive approach aims to address the underlying dispute while ensuring that the processes are conducted fairly and in accordance with the legal framework set out in the Fair Work Act. The decision underscores the importance of genuine bargaining efforts and the procedural integrity of protected action ballots within the Australian industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established