Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Atco Gas Australia Pty Ltd

[2013] FWC 553

[2013] FWC 553

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
ATCO Gas Australia Pty Ltd
(B2013/518)

COMMISSIONER CLOGHAN PERTH, 23 JANUARY 2013

Proposed protected action ballot by employees of ATCO Gas Australia Pty Ltd.

[1] On 8 January 2013, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the Applicant” or “CEPU”) made application to the Fair Work Commission for a protected action ballot order pursuant to s.437 of the Fair Work Act 2009 (“the FW Act”).

[2] The employees to be balloted are employees employed by ATCO Gas Australia Pty Ltd (“the Employer”) and are represented by the CEPU in bargaining for an enterprise agreement.

[3] The employees to be balloted are currently employed pursuant to the Westnet Energy Services Gas Distribution Enterprise Agreement 2010 which has a nominal expiry date of 31 December 2012.

[4] The application was heard on 10 January 2013. At the conclusion of the hearing, I made a determination that the CEPU had satisfied the provisions of the FW Act and an Order should issue (PR533069). These are the written reasons for issuing the Order.

[5] At the hearing, the CEPU was represented by Ms N Ireland, Industrial Officer. Evidence was given for the CEPU by Mr A Giddens, Organiser. The Employer was represented by Ms Foley of counsel.

[6] Mr Giddens gave evidence of his role in bargaining negotiations with the Employer.

[7] Mr Giddens is the principal negotiator for CEPU members employed by the Applicant seeking a replacement enterprise agreement.

[8] Formal negotiations for an enterprise agreement commenced on 8 November 2012.

[9] Mr Giddens gave evidence and provided a copy of the CEPU’s log of claims. Mr Giddens also provided a copy of the Employer’s response to the log of claims.

[10] In his evidence, Mr Giddens provided copies of the six (6) editions of the Employer’s enterprise negotiations “flyers” and minutes of meetings commencing on 22 November 2012 and concluding on 20 December 2012. Mr Giddens also provided a copy of the Employer’s Power Point presentation dated 20 December 2012 as to the Employer’s current response to bargaining.

[11] The parties to bargaining appear to be apart on a small number of items only: wage increases; the “life” of the agreement and a nine day fortnight.

[12] Mr Giddens’ evidence was not contested.

[13] The CEPU submitted that it was genuinely trying to reach agreement.

[14] The Employer submitted that it did not object to the application by the CEPU for the Order but wished to put on the record that it feels disappointed that the Union feels it necessary to take such a step at this point in bargaining. However, the Employer understands that the CEPU has the right to make such an application.

CONCLUSION

[15] I was satisfied that the procedural requirements in sections 437, 438 and 448 of the FW Act have been met.

[16] Further, having considered the relevant provisions of the FW Act, the CEPU’s submissions, evidence and the Employer’s position in not opposing the application, I determined that the Applicant has been, and is, genuinely trying to reach agreement with the Employer; on these grounds, I issued Order PR533069 on 10 January 2013.

COMMISSIONER

Appearances:

N Ireland for the CEPU.

M Foley, counsel, on behalf of ATCO Gas Australia Pty Ltd.

Hearing details:

2012:

Perth,

10 January.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR533472>