Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v NSW Electricity Networks Operations Pty Limited as Trustee for NSW Electricity Networks..

[2024] FWC 1333

[2024] FWC 1333

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

NSW Electricity Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust

(B2024/561)

DEPUTY PRESIDENT CROSS SYDNEY, 21 MAY 2024

Proposed protected action ballot of employees of NSW Electricity Networks Operations Pty Limited as Trustee for NSW Electricity Networks Operations Trust

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 NSW Electricity Networks Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust trading as Transgrid (Transgrid or Employer).

1. I note that the CEPU previously made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 20 May 2024, the Commission was advised that Transgrid, in effect, did not object to the Application, as amended.

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 Matthew Murphy, Union Official, 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 Transgrid, 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 Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act 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 3 June 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775216.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2024/524). To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] B2024/524.

[2] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR775215>