Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Otis Elevator Company Pty Ltd

[2025] FWC 1935

[2025] FWC 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Otis Elevator Company Pty Ltd

(B2025/1088)

DEPUTY PRESIDENT LAKE BRISBANE, 7 JULY 2025

Proposed protected action ballot of employees of Otis Elevator Company Pty Ltd

1. 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 Otis Elevator Company Pty Ltd (Otis). 

1. I note that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1] 

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 Jack Mawson Hargreaves, AMWU Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Otis 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 21 July 2025[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 PR788962.

1. I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.  

DEPUTY PRESIDENT

[1] B2025/1096

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR788963>