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

[2022] FWC 2230

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

Qenos Pty Ltd

(B2022/1262)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 22 AUGUST 2022

Proposed protected action ballot of employees of Qenos Pty Ltd Trading

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Qenos Pty Ltd (Respondent).

On 22 August 2022, my Associate was advised that the Respondent did not object to the application on the basis that the Respondent and Applicant had reached a consent position whereby the notice period required for the taking of industrial action would be extended from 3 working days to 5 working days.

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

On the basis of the material before me, including the declaration of Ms Chelsea Hill of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met. I am also satisfied based on the position of the parties and the material before me that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 5 working days as the period of written notice referred to in s.414(2)(b) of the Act.

An order has been separately issued in PR745040.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application under section 437 of the Fair Work Act 2009 for an order permitting a ballot of certain employees of Qenos Pty Ltd regarding proposed protected action. The Respondent did not object to the application, as the parties had reached a consent agreement extending the notice period required for industrial action from 3 working days to 5 working days. The Deputy President decided to determine the matter on the papers without a hearing.

The legal issue before the court was whether the notification time for the proposed agreement was appropriate, and whether the requirements of section 443(1) of the Fair Work Act 2009 had been met. Additionally, the court had to exercise its discretion under section 443(5) of the Act to specify the period of written notice required by section 414(2)(b) of the Act.

The court was satisfied, based on the material presented, that the notification time was appropriate and that the requirements of section 443(1) of the Fair Work Act 2009 had been met. The court also exercised its discretion under section 443(5) of the Act to specify a period of 5 working days as the period of written notice required by section 414(2)(b) of the Act.

The Fair Work Commission issued an order separately in PR745040, permitting the ballot of Qenos Pty Ltd employees regarding the proposed protected action, with a notification period of 5 working days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established