Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Equans Fire Protection Services Pty Limited

[2023] FWC 2602

[2023] FWC 2602

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

Equans Fire Protection Services Pty Limited

(B2023/1059)

COMMISSIONER PLATT ADELAIDE, 9 OCTOBER 2023

Proposed protected action ballot of employees of Equans Fire Protection Services Pty Limited

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

1. On 6 October 2023, the Commission was advised that the Respondent proposed amendments to the draft Order which pertained to removing personal information from the ‘Employee List’ and ‘Member List’. The matter was subsequently scheduled for Conference and Hearing before the Commission on 9 October 2023.

1. Prior to the Conference, the parties reached an agreement as to the contents of the draft Order. This has been reflected in the Order ultimately made by the Commission.

1. On the basis of the material before me, I am satisfied the Applicant has been, and is, genuinely trying to reach an agreement with the Respondent 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. For the purposes of s.443(3)(c) and s.448A(2) of the Act, the date by which voting in the ballot is to close (the ballot period) is 23 October 2023. The manner of specifying, and the length of, the ballot period was also the subject of agreement between the parties. Other consequential changes have been made in the final Order.

1. An Order has been separately issued in PR766962.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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.

COMMISSIONER

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

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