| [2024] FWC 842 |
| 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
Schindler Lifts Australia Pty Ltd
(B2024/387)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 3 APRIL 2024 |
Proposed protected action ballot of employees of Schindler Lifts Australia Pty Ltd
This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Schindler Lifts Australia Pty Ltd (Employer).
On 2 April 2024, the Commission was advised that the Employer 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 Paul Scudds, Union Organiser, CEPU, setting out the steps taken by the Applicant in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the Employer, 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.
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 27 May 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 PR773101.
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 involved 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 the date sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR773100>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Schindler Lifts Australia Pty Ltd [2024] FWC 842
- Case
- [2024] FWC 842
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to address was whether the union had fulfilled the statutory requirements to hold a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with the employer and that the notification period for the proposed agreement had been met. The union's declaration, submitted by Paul Scudds, Union Organiser, CEPU, outlined the bargaining steps taken and affirmed the union's genuine efforts to negotiate with the employer.
The Deputy President determined that the union had satisfied the statutory requirements under section 443(1) of the Fair Work Act. The Commission established 27 May 2024 as the closing date for voting, which also sets the ballot period under section 448A(2) of the Act. The matter will be assigned to another member of the Commission for the compulsory conciliation conference, aimed at facilitating meaningful negotiations between the parties.
The Fair Work Commission granted the union's application and set the closing date for the ballot as 27 May 2024. The decision also directed the scheduling of a compulsory conciliation conference to aid in resolving the dispute.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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