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

[2020] FWC 2094

[2020] FWC 2094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
BGIS Pty Ltd
(B2020/232)

DEPUTY PRESIDENT DEAN SYDNEY, 23 APRIL 2020

Proposed protected action ballot of employees of BGIS Pty Ltd.

[1] 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 for a protected action ballot order in relation to certain employees of BGIS Pty Ltd (Respondent).

[2] The Respondent did not oppose the application as such, but raised issues as to the form of some of the questions proposed by the CEPU. Additionally, BGIS sought an extension under s.443(5) of the Act to extend the notice period in respect of some of the types of proposed industrial action from 3 working days to 5 working days. The extension of the notice period was opposed by the CEPU.

[3] The matter was listed for hearing before me by telephone today. At the hearing, Mr D Austin appeared for the CEPU and Mr M Sant appeared, with permission, for the Respondent.

[4] At the start of the hearing, the parties confirmed that the only issue remaining in dispute was whether the Commission should extend the notice period. The hearing proceeded on that basis.

[5] During closing submissions, it became evident that a resolution to that issue could be resolved directly by the parties, and accordingly the hearing was adjourned for a short time to allow the parties a further opportunity to have discussions.

[6] The parties have subsequently advised that an agreement has been reached as to a draft order. Accordingly, the hearing is adjourned.

[7] On the basis of the material before me, including the statutory declaration of Steve Bankes of the CEPU declared on 9 April 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[8] An Order has been separately issued in PR718472.

DEPUTY PRESIDENT

Appearances:
D Austin for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
M Sant for BGIS Pty Ltd.

Hearing details:
2020.
Sydney (By telephone):
April 23.

Printed by authority of the Commonwealth Government Printer

<PR718471>