Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection Summary

[2022] FWC 1564

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

EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection

(B2022/591)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 21 JUNE 2022

Proposed protected action ballot of employees of EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection.

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 EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection (the Respondent).

On 20 June 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Ms Chelsea Hill 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.

An order has been separately issued in PR742845.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection. The Union has applied for a protected action ballot order under section 437 of the Fair Work Act 2009, seeking to hold a ballot of certain employees of the Respondent company. The application was made to the Fair Work Commission, and the Respondent did not object to the application.

The legal issues before the court were whether the Union had met the requirements of section 443(1) of the Act, including providing the necessary notification time, and whether it had genuinely tried to reach an agreement with the Respondent. The court had to consider the material before it, including the declaration of Ms Chelsea Hill of the Applicant, which set out the steps taken by the Union in bargaining with the Respondent.

The court was satisfied that the Union had met the requirements of the Act and had genuinely tried to reach an agreement with the Respondent. The court found that there was a notification time in relation to the proposed agreement, and that the Union had followed the necessary procedures. As a result, the court granted the Union's application for a protected action ballot order.

In summary, the court granted the Union's application for a protected action ballot order, finding that the Union had met the requirements of the Act and had genuinely tried to reach an agreement with the Respondent. The Respondent did not object to the application, and the court determined the matter on the papers without holding a hearing. An order has been separately issued in PR742845.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established