Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electel Resources Pty Ltd T/A Electel Resources

Case [2022] FWC 852
[2022] FWC 852

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.437—Protected action

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

Electel Resources Pty Ltd T/A Electel Resources

(B2022/294)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 12 APRIL 2022

Proposed protected action ballot of employees of Electel Resources Pty Ltd T/A Electel Resources.

  1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Electel Resources Pty Ltd T/A Electel Resources (the Respondent).

  1. On 12 April 2022, my Associate was advised that the Respondent 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 Mr Jason Scott Lailey of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

  1. The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M Michael, the Managing Director of CiVs has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVs has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

  1. Therefore I appoint CiVS as the protected action ballot agent.

  1. An order has been separately issued in PR740325.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR740324>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electel Resources Pty Ltd T/A Electel Resources [2022] FWC 852
Case
[2022] FWC 852
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought a protected action ballot order in relation to employees of Electel Resources Pty Ltd T/A Electel Resources. The application was made under section 437 of the Fair Work Act 2009, and the Respondent did not object to the application. The Deputy President, Clancy, decided to determine the matter on the papers without holding a hearing.

The legal issues before the court were whether the requirements in section 443(1) of the Act had been met and whether CiVS was a fit and proper person to conduct the ballot. The Applicant had provided a declaration of Mr Jason Scott Lailey, setting out the steps taken in bargaining with the Respondent and that the Applicant had been genuinely trying to reach an agreement. The Applicant also proposed that CiVS be the ballot agent for the protected action ballot, which was not opposed by the Respondent.

The Deputy President, Clancy, was satisfied that the requirements in section 443(1) of the Act had been met and that CiVS was a fit and proper person to conduct the ballot. The person proposed as the protected action ballot agent, Mr Michael M Michael, the Managing Director of CiVS, had provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS and that he had relevant experience in conducting protected action ballots. The Deputy President was satisfied that CiVS was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVS had agreed to be the protected action ballot agent and was bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

The Fair Work Commission appointed CiVS as the protected action ballot agent for the proposed ballot of employees of Electel Resources Pty Ltd T/A Electel Resources. An order was separately issued in PR740325.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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