Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electricity Networks Corporation T/A Western Power

[2020] FWC 6891

[2020] FWC 6891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Electricity Networks Corporation T/A Western Power
(B2020/829)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 18 DECEMBER 2020

Proposed protected action ballot of employees of Electricity Networks Corporation T/A Western Power

[1] This is an application lodged on 15 December 2020 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Electricity Networks Corporation T/A Western Power (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent did not object to the application but identified it had some concerns with the application as made. A short period of time was allowed for the parties to resolve the Respondent’s concerns, after which it confirmed they had been addressed by undertakings.

[3] The Applicant confirmed that two undertakings had been made in the following correspondence:

“The parties consent to the draft orders being made on the following basis:

1. The Applicant consents (without conceding it is either necessary or appropriate) to the usual notice period being extended to 5 working days; and

2. The Applicant undertakes not to engage in action that represents an imminent risk to the health and safety of property or persons.” 1

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Brendan Reeve of the Applicant lodged 15 December 2020, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[6] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[7] The Applicant sought a ballot period of “twenty-eight working days from the date of the order from the Fair Work Commission”. Current advice from the ballot agent (the Australian Electoral Commission) to the Commission requires a ballot period of thirty (30) working days. Accordingly the order in this matter will reflect this protocol.

[8] An order in conformity with the FW Act is being issued in conjunction with this decision. 2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR725626>

 1   Email received from Applicant, 17 December 2020.

 2   PR725627