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

[2025] FWC 2635

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

BSH Electrical Pty Ltd

(B2025/1398)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2025

Proposed protected action ballot of employees of BSH Electrical 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 BSH Electrical Pty Ltd (BSH or Employer).

On 5 September 2025, the Commission was advised that the Employer, in effect, 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 Chris Clark, State Secretary, 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 BSH, 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 the Australian Electoral Commission (AEC).

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 17 October 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 PR791471.

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, 30 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of BSH Electrical Pty Ltd. The CEPU sought the order to allow employees to vote on proposed industrial action. The employer, BSH, did not object to the application, and the matter proceeded without a hearing. The application was determined on the basis of the materials submitted, including a declaration by the CEPU's State Secretary, Chris Clark, which outlined the union's efforts to negotiate with BSH and its ongoing attempts to reach an agreement.

The legal issues before the Commission were whether the requirements of section 443(1) of the Act had been met and if the proposed agreement had a notification period. The CEPU had to demonstrate that it had genuinely attempted to negotiate and that the proposed agreement met the notification period requirement. The Commission was satisfied that the CEPU had met all the necessary criteria based on the evidence provided. The Commission also determined the closing date for voting in the ballot as 17 October 2025, effectively setting the ballot period for 30 working days from the making of the order.

The Deputy President concluded that the CEPU had demonstrated the need for the ballot and had satisfied the conditions under section 443(1) of the Act. An Order was issued, authorising the Australian Electoral Commission to conduct the ballot. Additionally, the matter was assigned to another Commission member to conduct a compulsory conciliation conference under section 448A of the Act, with an Order requiring the attendance of all bargaining representatives. The aim was to facilitate meaningful negotiations between the parties to potentially resolve the dispute without further industrial action.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established