Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Epic Energy South Australia Pty Ltd

[2023] FWC 746

[2023] FWC 746

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

Epic Energy South Australia Pty Ltd

(B2023/282)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 29 MARCH 2023

Proposed protected action ballot of employees of Epic Energy South Australia Pty Ltd

1. This is an application made on 27 March 2023 by the Communications Electrical Electronic Energy Information Postal Plumbing & Allied Services Union of Australia – SA Branch Electrical & Plumbing Division (CEPU or Applicant) under s 437 of the Fair Work Act 2009 (Cth) (FW Act) for a protected action ballot order in relation to certain employees of Epic Energy South Australia Pty Ltd (Epic or the Respondent).

1. On 27 March 2023 the Respondent was provided with an opportunity to indicate whether any objection would be taken to the application.

1. On 28 March 2023 Epic advised that it did not oppose the application per se but sought that an order be made extending time for notice of protected action from three working days to seven working days. The CEPU subsequently agreed to an order extending the notice time sought from three to five days. Following that, the parties confirmed by correspondence that a consent position had been reached based on a five day period of notice of any such action.

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 Paul Scudds of the CEPU dated 27 March 2023, setting out the steps taken by the CEPU 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 s 443(1) of the FW Act have been met.

1. I am satisfied that the Applicant has given notice in accordance with s 440 of the FW Act.

1. As noted, the parties seek by consent that the notice period required under s 414(2)(a) of the FW Act be extended from three working days to five working days due to exceptional circumstances. These exceptional circumstances were said to arise from the current operational circumstances of the Respondent being the transporter of natural gas into the State of South Australia for customers such as AGL, Origin Energy and Energy Australia, who use that gas to generate electricity for the State.

1. On the basis of the consent position presented by parties and the material before me I am satisfied that exceptional circumstances for the purposes of s 443(5) of the FW Act exist warranting an extension of the notice period referred to in s 414(2)(a) from three working days to five working days. The Order in this matter will reflect this.

1. An Order[1] in conformity with the FW Act is being issued in conjunction with this decision.

DEPUTY PRESIDENT

Hearing details:

2023
Adelaide (on the papers)

[1] PR760669

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