Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Paper Australia Pty Ltd T/A Opal Australian Paper

[2023] FWC 2979

[2023] FWC 2979

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

Paper Australia Pty Ltd T/A Opal Australian Paper

(B2023/1244)

DEPUTY PRESIDENT WRIGHT SYDNEY, 14 NOVEMBER 2023

Proposed protected action ballot of employees of Paper Australia Pty Ltd Trading As Opal Australian Paper

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 Paper Australia Pty Ltd T/A Opal Australian Paper (Opal or Employer). 

1. On 14 November 2023, Opal raised concerns in relation to certain Clauses contained within the Applicant’s proposed order.[1] The Applicant subsequently filed an amended proposed order. No objections were raised by the Respondent in relation to the amended proposed order.

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

3. On the basis of the material before me, including the declaration of Ms Chelsea Hill, Legal and Industrial Admin Facilitator, 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 Opal, 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 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.[2]

2. 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 28 November 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768271.

2. 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 involved 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] Clauses 5, 6.1, 7.1, 12.2 and 12.3.

[2] Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting[2023] FWC 1531.

[3] This is, in effect, 10 working days from the date of the Order, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR768272>