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

[2024] FWC 2876

[2024] FWC 2876

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

Dematic Pty Ltd

(B2024/1355)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 16 OCTOBER 2024

Proposed protected action ballot of employees of Dematic Pty Ltd [Small Residential Sites] 

1. 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 Dematic Pty Ltd (Dematic or Employer). 

1. The parties are bargaining for an enterprise agreement to replace the Dematic Pty Limited Small Residential Sites Enterprise Agreement 2015.

1. On 16 October 2024, the Commission was advised that the Employer, 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. 

1. 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 Dematic, 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 Australian Electoral Commission (AEC).

1. 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 28 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. An Order has been separately issued in PR780318.

1. 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, thirty (30) working days from the date of the Order, as sought in the application.

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