Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Icon Distribution Investments Limited and Jemena Networks (Act) Pty Ltd T/A Evoenergy

Case •

[2023] FWC 2539

•

4 OCTOBER 2023
[2023] FWC 2539

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

Icon Distribution Investments Limited and Jemena Networks (Act) Pty Ltd T/A Evoenergy

(B2023/1038)

DEPUTY PRESIDENT DEAN

CANBERRA, 4 OCTOBER 2023

Proposed protected action ballot of employees of Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd T/A Evoenergy.

  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 Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd T/A Evoenergy (Evoenergy). 

  1. On 3 October 2023, the Commission was advised that Evoenergy did not oppose 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 Allen Hicks, Union Official, setting out the steps taken by the CEPU in bargaining with Evoenergy and that it has been, and is, genuinely trying to reach agreement with Evoenergy, 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 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.

  1. An Order has been separately issued in PR766743.

  1. This matter will also be the subject of a compulsory conciliation conference before me pursuant to s.448A. An Order and Directions for the purpose of the conference will be issued separately to this decision.


DEPUTY PRESIDENT


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

Printed by authority of the Commonwealth Government Printer

<PR766757>

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