Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v RNW Fire Services Pty Ltd
[2023] FWC 3176
•4 DECEMBER 2023
| [2023] FWC 3176 |
| 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
RNW Fire Services Pty Ltd
(B2023/1321)
| COMMISSIONER PLATT | ADELAIDE, 4 DECEMBER 2023 |
Proposed protected action ballot of employees of RNW Fire Services 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 RNW Fire Services Pty Ltd (RNW or Employer).
On 1 December 2023, the Commission was advised that the Respondent proposed amendments to the draft Order which included the provision of a 7 day notice period. The matter was subsequently scheduled for Conference and Hearing before the Commission on 4 December 2023.
At the Hearing the Applicant advised that the following undertaking would be given in the event the Protection Action Ballot was approved:
1. One (1) employee will remain available by phone for call-out to attend and perform safety critical work during the period of any notified stoppage of work described in questions (1), through (7) of paragraph 6 the Order.
2. The CEPU will nominate the employee who will remain available for the purpose of paragraph 1 of this undertaking at the time of giving notice of the relevant stoppage.
3. Should the employee nominated by the CEPU be unavailable due to leave. The Respondent may notify another employee of the requirement to remain available phone for call-out to attend and perform safety critical work during the period of the stoppage.
4. An employee who attends a call-out to perform safety critical work under paragraph 1 of this undertaking will not observe bans described in questions (8) through (39) of paragraph 6 this Order while engaged in that work.
5. A copy of these undertakings will be reproduced in each notice of protected action authorised by the ballot conducted in accordance with the Order.
The parties also agreed to the default notice period being extended to 5 calendar days.
On the basis of the material before me, including the declaration of Mr Adrian Valente on behalf of the CEPU, 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. 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 18 January 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An order has been separately issued in PR768885.
This matter will be programmed for a s.448A compulsory conciliation conference on 12 December 2023. Chambers will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference in a position to conduct meaningful negotiations.
COMMISSIONER
[1] This is, in effect, 30 working days from the making of the Order, as sought in the application. It is also the period required by the Australian Electoral Commission to conduct a ballot.
Printed by authority of the Commonwealth Government Printer
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