Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nestle Australia Limited
[2025] FWC 280
•31 JANUARY 2025
| [2025] FWC 280 |
| 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
Nestle Australia Limited
(B2025/198)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 31 JANUARY 2025 |
Proposed protected action ballot of employees of Nestle Australia Limited
This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia acting through its Plumbing Division (CEPU – Plumbing Division 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 Nestle Australia Limited (Nestle or Employer).
I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] and the CEPU – Electrical Trades Union Division[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.
On 31 January 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Nicholas McCubbin, Organiser, setting out the steps taken by the CEPU – Plumbing Division in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Nestle, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
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 14 February 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR783873.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives 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] B2025/189
[2] B2025/192.
[3] This is, in effect, 10 working days from the making of the Order and was the specific date sought in the application.
Printed by authority of the Commonwealth Government Printer
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