Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

[2022] FWC 2160

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

Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

(B2022/1224)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 AUGUST 2022

Proposed protected action ballot of employees of Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting (the Respondent).

On 15 August 2022, my Associate was advised by the Respondent’s representatives that the Respondent objected to one of the proposed questions relating to industrial action in the draft order accompanying the application but did not otherwise oppose the application. The Applicant subsequently withdrew the question in issue.

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 Mr Chris Clark of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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.

An order has been separately issued in PR744797.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) and Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting (Respondent) was brought before the Fair Work Commission. The Applicant sought a protected action ballot order for certain employees of the Respondent. The Respondent raised an objection to one of the proposed questions in the draft order but did not otherwise oppose the application. The Applicant subsequently withdrew the contentious question, and the matter was decided on the papers without a hearing.

The primary legal issue before the Commission was whether the requirements for a protected action ballot under section 437 of the Fair Work Act 2009 were met. This included verifying if there was a notification period for the proposed agreement and ensuring the Applicant had genuinely attempted to reach an agreement with the Respondent. The Applicant submitted a declaration from Mr Chris Clark, affirming the union's efforts in bargaining with the Respondent and its genuine intent to reach an agreement.

The Fair Work Commission, Deputy President Clancy, found that the notification period for the proposed agreement was present, and the requirements under section 443(1) of the Act had been satisfied based on the material submitted. Consequently, the Deputy President decided to grant the application for a protected action ballot order. This decision was made in light of the Applicant's withdrawal of the contentious question and the evidence provided regarding the union's negotiation efforts.

The Fair Work Commission issued an order for a protected action ballot, as requested by the Applicant. This order was made in accordance with the provisions of the Fair Work Act 2009 and was documented separately as PR744797.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established