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

[2025] FWC 1991

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 Industrial Pty Ltd

(B2025/1115)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 JULY 2025

Proposed protected action ballot of employees of Assa Abloy Entrance Systems Industrial Pty Ltd

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 Industrial Pty Ltd (Assa Abloy or Employer).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 11 July 2025, the Commission was advised that the Employer, in effect, 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 Gabriel Brinduse, 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 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.

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

An Order has been separately issued in PR789132.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2025/1114.

[2] This is, in effect, 30 working days from the making of the Order and was the period 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) applied to the Fair Work Commission (FWC) for a protected action ballot order against Assa Abloy Entrance Systems Industrial Pty Ltd (Assa Abloy) in accordance with section 437 of the Fair Work Act 2009. The union sought to organise a ballot among Assa Abloy employees regarding a proposed enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) also applied for a similar order for the same proposed agreement, but the employer did not object to the CEPU's application.

The primary legal issue before the FWC was whether the CEPU had met the requirements under section 443(1) of the Act to proceed with a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with Assa Abloy and ensuring the notification period for the proposed agreement was met. The FWC had to determine if the union had fulfilled these conditions based on the evidence provided.

In considering the application, Deputy President Hampton found that the union had genuinely attempted to reach an agreement with Assa Abloy and that all necessary requirements for the ballot were met. The employer did not object to the application, and the union provided a declaration from an organiser detailing the bargaining process and efforts made. Consequently, the Deputy President decided to issue a protected action ballot order. The ballot would be conducted by the Australian Electoral Commission, with voting to close on 22 August 2025. This date established the ballot period for the purposes of section 448A(2) of the Act. The matter was assigned to another FWC member to conduct a compulsory conciliation conference for the proposed enterprise agreement, 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