Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Service Stream Maintenance Pty Limited

[2023] FWC 2520

[2023] FWC 2520

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

Service Stream Maintenance Pty Limited

(B2023/1037)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 OCTOBER 2023

Proposed protected action ballot of employees of Service Stream Limited

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Service Stream Maintenance Pty Limited (Service Stream or Employer). 

1. On 3 October 2023, the Commission was advised that Service Stream did not object to the Application, as amended.[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 Max Mawby 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 Service Stream, 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. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, and following consultation with the parties, this Commission has determined that the date by which voting in the protected action ballot is to close is 14 November 2023.[2] This also establishes the ballot period for the purposes of s.448A(2) of the Act.

1. An order has been separately issued in PR766711.

1. 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] The Respondent initially raised objections in relation to the form of the proposed order. The Applicant provided an amended application and a revised proposed order, addressing those objections.

[2] 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

<PR766710>