Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Patties Foods Pty Ltd T/A Patties Food Group

[2024] FWC 2954

[2024] FWC 2954

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

Patties Foods Pty Ltd T/A Patties Food Group

(B2024/1394)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 24 OCTOBER 2024

Proposed protected action ballot of employees of Patties Foods Pty Ltd T/A Patties Food Group

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 Patties Foods Pty Ltd trading as Patties Food Group (Patties Foods or Employer). 

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. On 24 October 2024, the Commission was advised that the Employer, 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 Chelsea Hill, Legal Assistant, 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 Patties Foods, 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 & 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. 

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 8 November 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. I observe that the application and draft order provided by the parties contained certain observations about the CEPU’s preference in relation to the updating and finalisation of the list of voters. These were not in a form suitable for inclusion in the Order and contradicted some of the other proposed provisions. In that light, I have issued the Order using the Commission’s standard approach, noting that this is also consistent with the related matter. I also observe that the Ballot Agent may have regard to the proposals set out in the application to the extent that they are consistent with the Order and the proper conduct of a ballot of this kind.

1. An Order has been separately issued in PR780567.

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. 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] B2024/1393.

[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

<PR780568>