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

[2023] FWC 1416

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

Cleanco Queensland Limited

(B2023/584)

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 Kareeya 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 PR763115.

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 dealt with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order against Cleanco Queensland Limited. The proposed ballot was to be held among certain employees of Cleanco at Kareeya Power Station. Cleanco did not object to the application, leading the Commission to decide on the matter based on the submitted documents without the need for a hearing. The Deputy President Hampton was satisfied that all requirements under section 443(1) of the Fair Work Act 2009 had been met, including the notification period for the proposed agreement and CEPU's efforts to reach an agreement with Cleanco.

The primary legal issue before the Commission was whether the conditions for granting a protected action ballot order were fulfilled. This involved verifying that CEPU had genuinely attempted to negotiate with Cleanco and that the statutory notification period for the proposed agreement was observed. Additionally, the Commission had to ensure compliance with section 443(1) of the Act, which outlines the prerequisites for such an order. The Deputy President Hampton concluded that these conditions were met based on the evidence presented, particularly the declaration of Mr Robert Hill, CEPU Organiser, which detailed the union's bargaining efforts.

The Deputy President Hampton determined that all necessary requirements for granting the ballot order were satisfied. The Australian Electoral Commission was appointed to conduct the ballot. The Commission established a ballot period of 30 working days from the date of the order, 16 June 2023, which aligns with the minimum period required by the Australian Electoral Commission. This decision was issued in accordance with the Fair Work Act 2009, and an order was separately issued in PR763115.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established