Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Solvay Interox Pty. Ltd Summary

[2025] FWC 2273

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

Solvay Interox Pty. Ltd.

(B2025/1239)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 AUGUST 2025

Proposed protected action ballot of employees of Solvay Interox 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 Solvay Interox Pty. Ltd. (Solvay or Employer).

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

On 5 August 2025, the Commission was advised that the Employer, in effect, 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 Mitchell Brennan, Organiser, 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 Solvay, 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 Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 19 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790369.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters should a PABO be issued in those applications. 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

[1] B2025/1187 and B2025/1234.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to employees of Solvay Interox Pty. Ltd. The CEPU sought the order to conduct a ballot for potential protected action in the context of proposed enterprise agreement negotiations. The Solvay Interox Pty. Ltd did not object to the application, leading the Commission to proceed with the determination based on the submitted documents without a hearing.

The primary legal issue before the Commission was whether the CEPU had satisfied all the statutory requirements to be granted a protected action ballot order. This included confirming that the union had genuinely attempted to negotiate in good faith with the employer, that the requisite notification period had passed, and that the ballot would be conducted by an approved agent. The Commission examined the declaration from Mitchell Brennan, an Organiser for the CEPU, which outlined the bargaining process and the union's efforts to reach an agreement. Additionally, the Commission verified that Vero Engagement and Voting Solutions Pty Ltd, the approved ballot agent, would conduct the ballot.

Upon reviewing the provided materials, Deputy President Hampton concluded that the CEPU had met all the necessary conditions for a protected action ballot order. The Commission determined that the union had genuinely attempted to negotiate, the notification period had been observed, and the ballot would be conducted by Vero, an approved agent. Consequently, the Commission issued an order granting the CEPU's application and set the closing date for voting as 19 August 2025. This date established the ballot period and was ten working days from the issuance of the order, aligning with the union's request.

This decision facilitated the progression of the ballot process and set the stage for potential compulsory conciliation should the other related applications also result in ballot orders. The Commission assigned another member to oversee the conciliation conference, ensuring all bargaining representatives were prepared for meaningful negotiations.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Solvay Interox Pty. Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established