Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Stanwell Corporation Limited

[2011] FWA 6319

[2011] FWA 6319

FAIR WORK AUSTRALIA

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
Stanwell Corporation Limited
(B2011/3390)

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Stanwell Corporation Limited
(B2011/3391)

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Stanwell Corporation Limited
(B2011/3392)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Stanwell Corporation Limited
(B2011/3414)

COMMISSIONER ASBURY BRISBANE, 16 SEPTEMBER 2011

Proposed protected action ballot by employees of Barron Gorge Power Station and Kareeya Hydro Power Station.

[1] This decision concerns applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) pursuant to s. 437 of the Fair Work Act 2009 (the Act) for protected action ballot Orders. The applications were made on Friday 9 September 2011 at 10.27 am and 10.31 am, and relate to employees who are members of the Unions employed by Stanwell Corporation Limited at Barron Gorge Power Station and Kareeya Hydro Power Station.

[2] Directions were issued requiring the Employer to provide a response in writing by 12.00 pm on Monday 12 September 2011, advising whether there was an objection to the Orders in the terms sought, and whether it was seeking to have its objections heard by Fair Work Australia. The CEPU and AMWU were directed to file an outline of submissions and statements of evidence from any witnesses in support of the applications by 12.00 pm on Monday 12 September 2011. The Employer was directed to file an outline of submissions and statements of evidence from any witnesses by 12.00 pm on Tuesday 13 September, in the event it elected to object to the making of the Orders.

[3] The Directions also indicated that if there was an objection to the Orders being made, the matter would be heard at 10.00 am on Wednesday 14 September and if there was no objection the applications would be determined on the basis of material on the file.

[4] The CEPU and AMWU filed their material in line with the Directions. The Employer forwarded correspondence on Tuesday 13 September 2011 stating that it did not object to the Order being made, and would not seek to have an objection heard. The Employer stated further that it does require undertakings from the CEPU and AMWU in relation to emergency situations including the health and safety of the employees and the community, the environment and asset integrity.

[5] The CEPU and AMWU responded to that correspondence, advising that:

“The CEPU undertakes to ensure that members will be available to perform work in an emergency situation, where there is a risk to personal health or safety; and

The AMWU undertakes to ensure that members will be available to perform work in an emergency situation, where there is a risk to personal health or safety.”

[6] The Respondent advised that it accepted the undertakings and does not intend to oppose the Orders being made.

[7] The applications were dealt with together as provided in s.442 on the basis that they related to industrial action by employees of the same employer, and this would not unreasonably delay the determination of the applications.

[8] I am satisfied, on the basis of the submissions filed by the CEPU and AMWU, and the Statements of Mr Stuart Traill, State Organiser for the CEPU and Mr Richard Finch, Organiser for the AMWU that the enterprise agreements covering the employees have reached their nominal expiry date, as required by s.438 of the Act. I am also satisfied that the relevant requirements of s.443 and s.437 of the Act have been met. Accordingly, pursuant to s.437, the Orders must be made.

[9] Orders will issue with this decision containing the questions set out in the draft orders filed by the CEPU and AMWU.

COMMISSIONER

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