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

[2023] FWC 2911

[2023] FWC 2911

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

DP World Brisbane Pty Ltd

(B2023/1208)

DEPUTY PRESIDENT WRIGHT SYDNEY, 6 NOVEMBER 2023

Proposed protected action ballot of employees of DP World Brisbane Pty Ltd.

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 DP World Brisbane Pty Ltd (DP World or Employer).

1. On 6 November 2023, the Commission was advised that the parties had reached agreement in relation to a number of arising from the application and on the basis of this agreement, DP World does not object to the application.

1. In addition, the parties have requested that the Commission note in the decision that the parties have agreed that the ASC duties which are referred to at Question 11 are the following:

• PLC Replacement
• PLC Build
• CC & MC PLC Update
• CS PLC Update
• ACSB PLC Update
• TPMS Servo Replacement
• TPMS Laser Scanner Replacement
• LPMS Camera Replacement
• LPMS Calibration
• TPMS First Commission
• TLMS First Commission
• TPMS Calibration
• TLMS Calibration
• Headblock Inclinometer Replacement
• Trolley Inclinometer Replacement
• Headblock Inclinometer Calibration
• Trolley Inclinometer Calibration
• INU Replacement
• PC Replacement
• PC - Create Backup Image
• PC  - Restore Backup Image
• PC - Run Checkdisk
• Spreader Telescope Encoder Calibration
• Gantry Wheel Wear Compensation
• Main Hoist Limits - Set up as per spec.
• Indroduction to surveying with the TS20
• Ethernet to profibus Gateway  Configuration
• Ethernet Wago Coupler
• ASC Wago Profisafe IO Input Card Replacement
• ACSB Wago Profisafe Input Card Configuration
• ACSB Wago Profisafe Input Card Replacement

1. On the basis of the material before me, including the declaration of Scott Reichman, Organiser on behalf of the CEPU, 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 the Employer, 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. Based on the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days for industrial action referred to in each of the ballot questions. Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 5 working days for each of the ballot questions.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS. 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 20 November 2023.[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 PR768006.

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 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] This is 10 working days’ from the date of the order, as outlined in the Application.

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