Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BlueScope Steel Limited & Bluescope Steel (AIS) Pty Ltd Summary

[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

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and BlueScope Steel Limited and Bluescope Steel (AIS) Pty Ltd. The CEPU applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of BlueScope Steel Limited and Bluescope Steel (AIS) Pty Ltd. The application was made in the context of ongoing negotiations for an enterprise agreement, and the CEPU sought to conduct a ballot to authorise protected action if negotiations failed. The Employers, BlueScope Steel Limited and Bluescope Steel (AIS) Pty Ltd, did not object to the application, subject to certain amendments and corrections.

The legal issues before the Commission included whether the CEPU had genuinely attempted to reach agreement with the Employers, whether the notification period for the proposed agreement was adequate, and whether the requirements of section 443 of the Act had been satisfied. Additionally, the Commission needed to determine the appropriate date by which voting in the ballot would close, ensuring it complied with the statutory provisions.

The Deputy President of the Fair Work Commission, Hampton, considered the application on the papers and was satisfied that the CEPU had genuinely attempted to reach an agreement with the Employers and that all requirements of section 443 of the Act were met. The application was 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 also determined that the date by which voting would close was 6 June 2025, which was 10 working days from the making of the Order, in line with the period sought in the application. Vero Engagement and Voting Solutions Pty Ltd was approved to conduct the ballot as it is an eligible protected action ballot agent under section 468A of the Act.

The Fair Work Commission granted the application and issued an Order under section 437 of the Act, allowing the CEPU to conduct a ballot of the specified employees. The Order also established the ballot period and directed the attendance of all bargaining representatives at a compulsory conciliation conference to be conducted by another Member of the Commission. This conference aimed to facilitate meaningful negotiations between the parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BlueScope Steel Limited & Bluescope Steel (AIS) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established