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

[2025] FWC 2636

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

Contact Electrical Pty Ltd

(B2025/1397)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2025

Proposed protected action ballot of employees of Contact Electrical Pty Ltd

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia acting through its Tasmanian branch (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 Contact Electrical Pty Ltd (Contact Electrical 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 Contact Electrical, 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 PR791470.

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 which is the minimum period required by the AEC.

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, acting through its Tasmanian branch, made an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Contact Electrical Pty Ltd. The application was not opposed by the employer, Contact Electrical Pty Ltd, and the matter proceeded on the basis of written submissions. The Union sought the ballot order to enable a protected action, likely a strike, in an attempt to reach an agreement with the employer on a proposed enterprise agreement.

The primary legal issue before the Commission was whether the Union had satisfied all the statutory requirements for a protected action ballot order under section 437 of the Act. Specifically, the Commission needed to determine if the Union had genuinely tried to reach an agreement with the employer and if all procedural requirements were met. The Union submitted that it had made all reasonable efforts to negotiate with the employer and provided evidence of its bargaining process in the form of a declaration by the State Secretary of the Union.

The Commission was satisfied, based on the evidence before it, that the Union had indeed made all reasonable efforts to reach an agreement with the employer. The Commission accepted the declaration and other evidence presented by the Union as proof of its genuine bargaining attempts. Consequently, the Commission found that the Union had met all the statutory requirements to proceed with the ballot. The Commission ordered that the ballot be conducted by the Australian Electoral Commission and set 17 October 2025 as the closing date for voting, which is the minimum period required by the Electoral Commission. This date also established the ballot period for the purpose of section 448A(2) of the Act.

An Order was separately issued, and the matter was assigned to another member of the Commission to conduct a compulsory conciliation conference. The Commission also issued an Order requiring the attendance of all bargaining representatives at the conference, with likely accompanying directions to ensure meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established