Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v RBD Contracting Services Pty Ltd T/A RBD Electrical & Instrumentation

[2025] FWC 2634

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

RBD Contracting Services Pty Ltd T/A RBD Electrical & Instrumentation

(B2025/1396)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 SEPTEMBER 2025

Proposed protected action ballot of employees of RBD Contracting Services Pty Ltd T/A RBD Electrical & Instrumentation

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 RBD Contracting Services Pty Ltd trading as RBD Electrical & Instrumentation (RBD Electrical or Employer).

On 5 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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 Chris Clark, State Secretary, 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 RBD Electrical, 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 the Australian Electoral Commission (AEC).

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 17 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR791467.

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 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] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) dealt with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order concerning certain employees of RBD Contracting Services Pty Ltd trading as RBD Electrical & Instrumentation. The employer did not object to the application, prompting the FWC to proceed with the matter based on the submitted documentation. The CEPU had been attempting to reach an agreement with RBD Electrical through bargaining and sought to conduct a ballot among the employees to authorise potential protected industrial action.

The primary legal issue before the FWC was whether the CEPU had satisfied the statutory requirements for seeking a protected action ballot order. This included verifying that the union had genuinely attempted to reach an agreement with the employer and that all procedural steps as outlined in the Fair Work Act 2009 had been followed. The FWC needed to determine if the union's application met the criteria set forth in s.443 of the Act, particularly in relation to the notification period and the validity of the proposed agreement.

After reviewing the declaration by Chris Clark, the State Secretary of CEPU, which detailed the union's efforts in bargaining and its ongoing attempts to reach an agreement with RBD Electrical, the FWC found that all necessary conditions for a protected action ballot were fulfilled. The FWC acknowledged the union's genuine efforts and determined that the notification period was appropriately set. Consequently, the FWC issued an order permitting the Australian Electoral Commission to conduct the ballot, with voting to close on 17 October 2025. The FWC also scheduled a compulsory conciliation conference to facilitate further negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established