Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BlueScope Steel Limited & Bluescope Steel (AIS) Pty Ltd
[2025] FWC 1419
•23 MAY 2025
| [2025] FWC 1419 |
| 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
BlueScope Steel Limited & Bluescope Steel (AIS) Pty Ltd
(B2025/813)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 23 MAY 2025 |
Proposed protected action ballot of employees of BlueScope Steel Limited and Bluescope Steel (AIS) 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 BluesScope Steel Limited and Bluescope Steel (AIS) Pty Ltd (BlueScope or Employers).
On 22 May 2025, the Commission was advised that the Employers, in effect, did not object to the Application, if amended to include Bluescope Steel (AIS) Pty Ltd as an additional Respondent and to correct a typographical error in one of the proposed ballot questions. The Commission understands that the additional respondent is a related employer employing people who will be covered by the proposed agreement.
In the circumstances, I have decided to grant leave to amend the application to reflect the revised position and otherwise determined the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Stewart Edward, Union Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with BlueScope, 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 and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act 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 6 June 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR787579.
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 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] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.
Printed by authority of the Commonwealth Government Printer
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