Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v J & a Machines Pty Ltd T/A United Technology Services

[2024] FWC 1078

[2024] FWC 1078

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

J & A Machines Pty Ltd T/A United Technology Services

(B2024/475)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 APRIL 2024

Proposed protected action ballot of employees of J & A Machines 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 J & A Machines Pty Ltd trading as United Technology Services (United Technology or Employer).

1. On 23 April 2024, the Commission was advised that the Employer 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 Prameesh Chandra, Union Organiser, 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 it, 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 (AEC).

1. 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 6 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. On 24 March 2024, the Commission consulted with the parties in relation to the form of Question 21 as originally proposed, noting potential concerns as to whether the proposed question fell within the scope of s.19 of the Act. The Applicant subsequently sought an amendment to that question. Leave was granted to amend the application to reflect that amendment and no objection was raised by the Respondent.

1. An Order has been separately issued in PR774218.

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 for 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, in effect, thirty (30) working days from the date of the Order, as sought in the application. This is also the minimum period required by the AEC.

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