Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia)

[2025] FWC 3100

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

Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia)

(B2025/1585)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 16 OCTOBER 2025

Proposed protected action ballot of employees of Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia) – non-AEC ballot agent electronic voting

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 Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia) (Dynelec or Employer).

On 15 October 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 Mitchell Brennan, Organiser, 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 Dynelec, 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 Voting). Vero Voting 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 30 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 PR792702.

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, 10 working days from the making of the Order and was the period sought in the application.

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 (CEPU) made an application under the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia). The application was made to facilitate a ballot to determine whether the employees would take protected industrial action. The employer did not object to the application, leading the Fair Work Commission to decide the matter without a hearing. The ballot is intended to be conducted by Vero Engagement & Voting Solutions Pty Ltd, which has been approved as a ballot agent under the Act.

The key legal issue the Commission had to decide was whether the requirements of section 443 of the Fair Work Act had been satisfied for the ballot to proceed. Specifically, the Commission had to determine if the notification period was correctly calculated and if all prerequisites for the ballot, including the use of an approved ballot agent, were met. The Commission was satisfied that the CEPU had genuinely attempted to reach an agreement with the employer and that the ballot agent was appropriately authorised.

The Deputy President of the Fair Work Commission concluded that all the necessary conditions for a protected action ballot were fulfilled. The Commission set the closing date for the ballot as 30 October 2025, which also determined the ballot period for conciliation purposes. The decision to proceed with the ballot was based on the absence of objections from the employer and the evidence provided by the CEPU that it had been genuinely attempting to reach an agreement. The Commission also directed that a compulsory conciliation conference would be held, and required all bargaining representatives to attend, with the aim of facilitating meaningful negotiations.

An Order was issued to confirm the details of the ballot, including the closing date and the involvement of the approved ballot agent. This Order was distinct from another issued in PR792702. The matter was to be assigned to another Commission member to oversee the compulsory conciliation conference, with further directions expected to ensure the parties' participation in productive negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established