Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v CSL Limited T/A Seqirus Summary

[2024] FWC 1907

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 T/A Seqirus

(B2024/918)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JULY 2024

Proposed protected action ballot of employees of CSL Limited trading as Seqirus

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 CSL Limited trading as Seqirus (Seqirus or Employer).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union (CPSU) and the United Workers’ Union (UWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 19 July 2024, 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 Chelsea Hill, 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 Seqirus, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 9 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777198.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] Respectively, B2024/916, B2024/917 and B2024/919.

[2] 'The Commission proposed for the ballot to close on this date for all related matters. This date is, in effect, 14 working days after the making of the Order. The CEPU, on behalf of the Applicants in each related matter, confirmed that each Applicant was content with the Commission's proposal. No objections were raised by the Respondent.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved 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 CSL Limited trading as Seqirus. The CEPU sought the order under section 437 of the Fair Work Act 2009, as part of negotiations for a proposed enterprise agreement. Notably, other unions, including the Australian Manufacturing Workers’ Union, the Community and Public Sector Union, and the United Workers’ Union, had separately applied for similar orders regarding the same proposed agreement.

The legal issues that the Commission had to address included whether the CEPU had met the notification requirements under section 443 of the Act, and if all procedural requirements for a protected action ballot had been satisfied. The Commission also needed to determine the closing date for the ballot, ensuring it allowed sufficient time for voting and processing while complying with statutory timelines. The key point of contention was whether the CEPU had genuinely attempted to reach an agreement with Seqirus, as required by section 443(1) of the Act.

In deciding the matter, Deputy President Hampton reviewed the material submitted, including the declaration of Chelsea Hill, the Legal and Industrial Admin Facilitator. The Deputy President found that the CEPU had been genuinely trying to reach an agreement with Seqirus and that the notification time for the proposed agreement had been met. Given that Seqirus did not object to the application, the Deputy President was satisfied that all conditions for granting the ballot order were fulfilled. The Deputy President also determined that the ballot should close on 9 August 2024, which was consistent with the 14 working days after the making of the Order. This date was agreed upon by the CEPU and did not receive any objections from Seqirus. Consequently, an order was issued for the ballot to be conducted by Vero Engagement & Voting Solutions Pty Ltd, an approved ballot agent under section 468A of the Act. This decision was part of a broader process that included compulsory conciliation conferences and negotiations, as outlined in the related Order issued in PR777198.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established