Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Great Southern Rail Limited

[2023] FWC 3212

[2023] FWC 3212

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

Great Southern Rail Limited

(B2023/1328)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 DECEMBER 2023

Proposed protected action ballot of employees of Great Southern Rail Limited

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Great Southern Rail Limited (Great Southern Rail or Employer). 

1. On 4 December 2023, the Commission was advised that Southern Rail, in effect, 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 Mr Paul Scrudds on behalf of the CEPU, 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 Great Southern Rail, 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 29 January 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Following consultation with the parties, I have amended the draft order to confirm the group of employees to be balloted (clause 3) and the preamble to the questions (clause 5).

1. An order has been separately issued in PR768980.

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] This is the date specified in the application and is, in effect, 35 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR768981>