Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cleanco Queensland Limited

[2023] 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

Cleanco Queensland Limited

(B2023/583)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2023

Proposed protected action ballot of employees of Cleanco Queensland Limited

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Cleanco Queensland Limited (Cleanco) at Barron Gorge Power Station.

On 16 June 2023, the Commission was advised that the Respondent 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 Mr Robert Hill, CEPU Organiser, 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 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. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (16 June 2023) has been established by this Commission.[1]

An order has been separately issued in PR763129.

DEPUTY PRESIDENT

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of Cleanco Queensland Limited. The application was made under section 437 of the Fair Work Act 2009 and related to proposed industrial action by employees at the Barron Gorge Power Station. Cleanco did not object to the application, and the matter was determined on the papers without a hearing. The Deputy President was satisfied that the union had been genuinely trying to reach an agreement with Cleanco and that all requirements under section 443(1) of the Act were met.

The legal issues that the Commission had to decide involved whether the union had complied with the notification time for the proposed agreement and whether all requirements under the Fair Work Act 2009 were met to allow the ballot to proceed. The Commission considered the declaration of Mr Robert Hill, the CEPU Organiser, which outlined the union's efforts in bargaining with Cleanco. The Deputy President found that the union had satisfied the requirements of the Act and that there was a notification time in relation to the proposed agreement. Consequently, the Commission decided to grant the union's application for a protected action ballot order.

The Fair Work Commission issued an order for the ballot to be conducted by the Australian Electoral Commission. The ballot period was set at a minimum of 30 working days from the date of the order, 16 June 2023. This period was the minimum required by the Australian Electoral Commission, as specified in sections 443(3)(c) and 448A(2) of the Act. An order was separately issued in PR763129. The Commission's decision allowed the union to proceed with the ballot, enabling employees to vote on the proposed industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established