Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Lion - Beer, Spirits & Wine Pty Ltd

[2020] FWC 5368

[2020] FWC 5368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Lion – Beer, Spirits & Wine Pty Ltd
(B2020/604)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 8 OCTOBER 2020

Proposed protected action ballot of employees of Lion – Beer, Spirits & Wine Pty Ltd

[1] This is an application lodged on 6 October 2020 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Lion – Beer, Spirits & Wine Pty Ltd (the Respondent) being employees whose terms and conditions of employment are governed by the West End Brewery Technicians Enterprise Agreement 2017 and who are to be covered by the proposed agreement.

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent confirmed it did not object to the substantive application but sought that the ballot close at least 30 days from the date of any Order, consistent with current Australian Electoral Commission advice. Whilst it is recognised that the CEPU sought a 21-day period for the ballot to be conducted, current protocols between the Commission and the ballot agent (Australian Electoral Commission) require thirty (30) working days from the date of order. Accordingly, the order in this matter will reflect those protocols.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Simon Pisoni of the CEPU lodged 6 October 2020, setting out the steps taken by it in bargaining with the Respondent and confirming that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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