Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v NSG Boffa Service Pty Ltd

[2024] FWC 1097

[2024] FWC 1097

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

NSG Boffa Service Pty Ltd

(B2024/484)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 APRIL 2024

Proposed protected action ballot of employees of NSG Boffa Service 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 NSG Boffa Service Pty Ltd (NSG Boffa Service or Employer).

1. On 24 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 Alexander Graham Capper, 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 NSG Boffa Service, 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 (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. 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 10 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I have reordered Clauses 6 - 9 of the proposed order to align with the Commission's standard drafting format.

1. An Order has been separately issued in PR774273.

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] [2023] FWC 1400.

[2] This is, in effect, 10 working days from the date of effect of the Order. This is also the period foreshadowed to the parties by the Commission in light of the ambiguity in the draft order.

Printed by authority of the Commonwealth Government Printer

<PR774275>