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

[2025] FWC 2079

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

Queensland Breweries Pty Ltd

(B2025/1146)

DEPUTY PRESIDENT BUTLER

BRISBANE, 17 JULY 2025

Proposed protected action ballot of employees of Queensland Breweries Pty Ltd

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 Queensland Breweries Pty Ltd (Queensland Breweries or Employer).

Each of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers' Union (UWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

The Employer raised objections to this application. The parties were able to reach agreement in relation to the objections. As a consequence, the Employer no longer objects, and the parties consent to the order being made.

Given the parties were able to reach consent 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 Stephen Roy Leonard Bravo, Organiser, 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 Queensland Breweries, 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.

The ballot is to be conducted by Democratic Outcomes Pty Ltd (Democratic Outcomes). Democratic Outcomes has been approved as an eligible protected action ballot agent under s.468A of the Act[2] and consequently is authorised to conduct the ballot.

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 31 July 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789746.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives 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] B2025/1145 and 1147, respectively.

[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, under the leadership of Deputy President Butler, was asked to decide on an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for an order permitting a ballot of its members at Queensland Breweries Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking approval for a ballot to be held for proposed protected industrial action. Two other unions, the Australian Manufacturing Workers' Union and the United Workers' Union, had also applied for a ballot related to the same proposed enterprise agreement, but reached an agreement with the employer, Queensland Breweries, which led to their objections being withdrawn.

The key legal issues the Commission needed to address were whether the CEPU had met the statutory requirements for a protected action ballot, including the notification period and the genuine attempt to reach an agreement with the employer. The Commission also needed to determine whether Democratic Outcomes Pty Ltd, the proposed ballot agent, was eligible to conduct the ballot. Additionally, the Commission had to set a closing date for the ballot as required by section 443(3)(c) of the Act.

In its decision, the Fair Work Commission found that the CEPU had indeed met all the statutory requirements, including providing evidence of a notification period and demonstrating genuine bargaining efforts. The Commission also confirmed that Democratic Outcomes Pty Ltd was an approved agent eligible to conduct the ballot. The closing date for the ballot was set at 31 July 2025, which effectively allowed for a 10 working day period from the date of the Order. The Commission determined the matter based on the submitted documents without the need for a hearing. An order was made and a separate order was issued in PR789746. Another Member of the Commission was assigned to conduct the compulsory conciliation conference in relation to the proposed enterprise agreement.

The final orders included the granting of the ballot order, the setting of the closing date for voting, and the assignment of another Commission member to oversee the conciliation conference. This decision ensures that the CEPU can proceed with the ballot and that all parties are prepared to engage in further negotiations to resolve the enterprise agreement dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established