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

[2023] FWC 3434

[2023] FWC 3434

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

Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy

(B2023/1400)

DEPUTY PRESIDENT ROBERTS SYDNEY, 22 DECEMBER 2023

Proposed protected action ballot of employees of Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy

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 Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy (Endeavour Energy or Employer). 

1. On 21 December 2023, the Commission was advised that Endeavour Energy objected to the Application. The matter was listed at 12:00pm on 22 December 2023 to deal with the application and the objection.

1. The outstanding objections to the application were resolved in private conference and terms of the order which I propose to make were consented to by all parties.

1. On the basis of the material before me, including the declaration of Ms Tara Koot, Union Official, 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 Endeavour Energy, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

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

1. An Order has been separately issued in PR769697.

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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[2] This date was sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR769698>