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

[2024] FWC 1121

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

ASSA Abloy Entrance Systems Australia Pty Limited

(B2024/497)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 1 MAY 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 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 ASSA Abloy Entrance Systems Australia Pty Limited (ASSA Abloy or Employer).

On 30 April 2024, the Commission was advised that the Employer 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 Chelsea Hill, Legal and Industrial Administration Facilitator, 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 ASSA Abloy, 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 Australian Electoral Commission (AEC).

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 13 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR774359.
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 for 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] This is, in effect, thirty (30) 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 Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order against ASSA Abloy Entrance Systems Australia Pty Limited. The application was made under section 437 of the Fair Work Act 2009, seeking permission for a ballot of the employer's employees regarding potential protected actions. The employer did not object to the application, which led to the Deputy President determining the matter on the papers without a hearing.

The legal issues before the court involved confirming whether the union had genuinely attempted to reach an agreement with the employer and whether all statutory requirements had been met for a protected action ballot. The court needed to ascertain if the notification period for the proposed agreement was appropriate and if all the provisions of section 443(1) of the Act had been satisfied. The court's task also included determining the closing date for the voting period as specified in section 443(3)(c) of the Act.

The Deputy President found that the union had genuinely tried to reach an agreement with the employer, as evidenced by the declaration of Chelsea Hill, the Legal and Industrial Administration Facilitator. The court was satisfied that all requirements under section 443(1) of the Act were met, thus granting the application. The Australian Electoral Commission was designated to conduct the ballot, and the voting period was set to close on 13 June 2024. The matter was subsequently assigned to another Member of the Commission for a compulsory conciliation conference under section 448A of the Act. An order was also issued to require the attendance of bargaining representatives at the conference, with directions to ensure meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established