Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v John Holland Pty Ltd T/A John Holland, Service Stream Utilities Pty Ltd T/A Service Stream,
[2023] FWC 1833
•25 JULY 2023
| [2023] FWC 1833 |
| 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
John Holland Pty Ltd T/A John Holland, Service Stream Utilities Pty Ltd T/A Service Stream, Service Stream Maintenance Pty Ltd T/A G4c
(B2023/738)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 25 JULY 2023 |
Proposed protected action ballot of employees of John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service StreamMaintenance Pty Ltd, trading as G4C
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 the Respondents, John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service Stream Maintenance Pty Ltd, trading as G4C (Respondents).
On 24 July 2023, the Commission was advised that John Holland Pty Ltd and Service Stream Utilities Pty Ltd T/A D4C objected to the Application.
The matter was listed for hearing on 25 July 2023. At the hearing, the CEPU and the Respondents were granted a short adjournment by consent for the purpose of attempting to reach agreement about the matter.
Following this adjournment, the parties advised that they had reached agreement and filed an amended draft protected action ballot order by consent.
On the basis of the material before me, including the declaration of Mitchell Johnston, CEPU Organiser, setting out the steps taken by the CEPU in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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.
The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order (25 July 2023) has been approved by the Commission.
An order has been separately issued in PR764578.
A further listing will be sent out from my Chambers scheduling a s.448A conference. I will issue the Order requiring attendance at the conference and directions to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
Appearances:
A Aghazarian, Applicant
J Henrihan, Solicitor for the Respondent
Hearing details:
2023.
Sydney,
25 July.
[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
Printed by authority of the Commonwealth Government Printer
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