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

[2023] FWC 2226

[2023] FWC 2226

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

CSL Limited

(B2023/913)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 SEPTEMBER 2023

Proposed protected action ballot of employees of CSL Limited

1. 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 CSL Limited (CSL or Employer). 

1. I observe that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same group of employees of CSL.[1]

1. On 4 September 2023, the Commission was advised that CSL, in effect, did not object to the Application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing, based on the revised draft order.  

1. On the basis of the material before me, including the declaration of Ms Chelsea Hill, CEPU Legal and Industrial Admin Facilitator, 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 CSL, 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.  

1. The ballot is to be conducted by the Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

1. Noting the related AMWU application and the general desirability of common ballot period dates, the Commission emailed all parties on 4 September 2023, proposing to set the closing date for the ballot period as 18 September 2023.[3] In response, the CEPU proposed that the ballot close on 11 September 2023 on the basis that the Ballot Agent could conduct the ballot within that timeframe and that it was, in effect, keen to provide the opportunity for members to take industrial action during a particular period of works. Constructively, the CEPU also recognised the implications of the requirements for the Commission to conduct the s.448A compulsory conciliation conference and indicated, in effect, that if these requirements necessitated a longer period, the Commission’s proposed timetable would be accepted. The AMWU did not object to the proposed ballot period. I have taken all of these matters into account in accordance with the approach required of the Commission.[4]

1. Accordingly, 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 18 September 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR765806.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/915). That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] B2023/915.

[2] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.

[3] The AMWU did not object to the proposed ballot period.

[4] Summarised in CFMMEU v Cruise Whitesunday Pty Ltd [2023] FWC 1952, citing CEPU v Nilsen (NSW) Pty Ltd [2023] FWCFB 134.

Printed by authority of the Commonwealth Government Printer

<PR765807>