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

[2023] FWC 1805

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

Consolidated Power Projects Australia Pty Ltd

(B2023/737)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JULY 2023

Proposed protected action ballot of employees of Consolidated Power Projects Australia Pty Ltd

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, Consolidated Power Projects Australia Pty Ltd (Consolidated Power Projects or Employer).

On 24 July 2023, the Commission was advised that Consolidated Power Projects 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 Nicholas Bligh, CEPU Organiser, 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 Consolidated Power Projects, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of seven (7) working days from the date of the Order (25 July 2023) has been determined by the Commission.

An order has been separately issued in PR764489.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

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) seeking a protected action ballot order under section 437 of the Fair Work Act 2009. The application was in relation to certain employees of Consolidated Power Projects Australia Pty Ltd (Consolidated Power Projects or the Employer). The matter was heard by Deputy President Hampton in Adelaide on 25 July 2023. Consolidated Power Projects did not object to the application, allowing the matter to be determined on the papers without a hearing.

The primary legal issue before the Commission was whether the requirements for a protected action ballot order under section 443(1) of the Fair Work Act were satisfied. The CEPU had to demonstrate that it had been genuinely trying to reach an agreement with the Employer and that a notification time in relation to the proposed agreement existed. The CEPU submitted a declaration from its Organiser, Mr Nicholas Bligh, which outlined the steps taken in bargaining with the Employer and confirmed the union's genuine efforts to reach an agreement. The Commission found that the requirements of section 443(1) were met based on the material before it.

The Fair Work Commission approved the proposed ballot agent, Democratic Outcomes Pty Ltd T/A CiVS (CiVS), to conduct the ballot. The Commission determined a ballot period of seven working days from the date of the order (25 July 2023). The Commission also noted that an order had been issued in PR764489 and that the matter would be assigned to another Commission member to conduct the compulsory conciliation conference under section 448A of the Act. The Commission indicated that directions would be issued to ensure the parties attended the conference prepared for meaningful negotiations.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established