Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saputo Dairy Australia Pty Ltd T/A Saputo Dairy

[2023] FWC 3304

[2023] FWC 3304

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

Saputo Dairy Australia Pty Ltd T/A Saputo Dairy

(B2023/1356)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 DECEMBER 2023

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd

1. 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 Saputo Dairy Australia Pty Ltd T/A Saputo Dairy (Saputo Dairy or Employer). 

1. On 11 December 2023, the Commission was advised, in effect, that Saputo Dairy did not object to the Application.

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

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

1. On the basis of the material before me, including the declaration of Mr Michael Anderson on behalf of the CEPU, 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 Saputo Dairy, 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.

1. Following consultation with the parties, one of the ballot questions was removed from the proposed order.[2]

1. 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 29 January 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR769253.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1351). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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] B2023/1351.

[2] The question involved the wearing of union clothing and related matters, and the proposed rewording of the question did not address the concerns raised by the Commission. The CEPU advised that it would in these circumstances, abandon the question.

[3] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR769252>