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

[2024] FWC 1864

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

Boom Logistics Ltd

(B2024/896)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JULY 2024

Proposed protected action ballot of employees of Boom Logistics 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 Boom Logistics Ltd (Boom or Employer).

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

On 16 July 2024, the Commission was advised that the Employer 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 Chelsea Hill, Industrial Officer, 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 Boom, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 25 July 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777062.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] Respectively, B2024/893, B2024/895.

[2] This is, in effect, 7 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order concerning certain employees of Boom Logistics Ltd. This application was made under section 437 of the Fair Work Act 2009, with the Australian Workers’ Union and the Australian Manufacturing Workers’ Union also lodging separate applications for ballot orders related to the same enterprise agreement. The employer, Boom Logistics Ltd, did not object to the application. Consequently, the Deputy President Hampton determined the matter based on the provided documentation, without the need for a hearing.

The legal issues before the court encompassed whether the CEPU had fulfilled the requirements under section 443(1) of the Fair Work Act, particularly whether the notification time for the proposed agreement was met, and whether the CEPU genuinely attempted to reach an agreement with Boom Logistics Ltd. The Deputy President Hampton was satisfied that all the necessary conditions had been met, and the ballot would be conducted by Democratic Outcomes Pty Ltd, an approved agent under section 468A of the Act. The closing date for voting was set as 25 July 2024.

Upon review of the declaration by Chelsea Hill, the Industrial Officer for CEPU, and the evidence of genuine bargaining efforts, the Deputy President Hampton concluded that the CEPU had met all requisite conditions for the ballot. An order was issued, establishing the closure date for voting and authorizing the ballot to proceed. This decision also coordinated the compulsory conciliation conference for the proposed enterprise agreement, ensuring that all bargaining representatives attended and were prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established