Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saint-Gobain Abrasives Pty Ltd
[2025] FWC 734
•14 MARCH 2025
| [2025] FWC 734 |
| 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
Saint-Gobain Abrasives Pty Ltd
(B2025/474)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 14 MARCH 2025 |
Proposed protected action ballot of employees of Saint-Gobain Abrasives 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 Saint-Gobain Abrasives Pty Ltd (Saint-Gobain or Employer).
On 13 March 2025, the Commission was advised that the Employer objected to the Application on the grounds that significant progress had been made in reaching a mutual agreement. The Employer submitted that there only four outstanding claims, which are still under negotiation and that the Application had blindsided the company, as it thought the parties were still in negotiations. The Employer said it wished to keep bargaining in good faith as the bargaining has almost reached a conclusion.
I listed the matter for hearing on 14 March 2025. At the hearing, the CEPU submitted that it was genuinely trying to reach agreement with the Employer and committed that it would continue to meet with the Employer with the view to reaching agreement. On the basis of this commitment, the Employer withdrew its objection to the Application
Having regard to the material before me, including the declaration of Mr John Islip, Union Official, 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 Saint-Gobain, 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 30 April 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 PR785208.
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
Appearances:
Ms E. McGrath for the Applicant.
Ms M. Arnold for the Respondent.
Hearing details:
2025
March 14
Via Microsoft Teams Video
Final written submissions:
14 March 2025, for the Respondent
[1] This is in effect 30 working days from the making of the Order which is the period required by the AEC to conduct the ballot.
Printed by authority of the Commonwealth Government Printer
<PR785207>
0
0
0