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

[2023] FWC 2868

[2023] FWC 2868

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

GeelongPort Pty Ltd

(B2023/1195)

DEPUTY PRESIDENT HAMPTON SYDNEY, 1 NOVEMBER 2023

Proposed protected action ballot of employees of GeelongPort Pty Ltd.

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 GeelongPort Pty Ltd (GeelongPort or Employer).

1. I note that the Construction, Forestry, Maritime, Mining and Energy Union – the Maritime Union of Australia Division (CFMMEU) have made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 1 November 2023, the Commission was advised, in effect, that GeelongPort did not object to the Application.

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 Chelsea Hill, Legal and Industrial Admin Facilitator, 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 GeelongPort, 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 Australian Electoral Commission. 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 14 December 2023.[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 PR767813.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1194). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their 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.

DEPUTY PRESIDENT

[1] B2023/1194.

[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR767814>