Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Steggles Pty Limited & Steggles Food Products Pty Ltd

[2024] FWC 1483

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

Steggles Pty Limited & Steggles Food Products Pty Ltd

(B2024/733)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 JUNE 2024

Proposed protected action ballot of employees of Steggles Pty Limited & Steggles Food Products 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 of Steggles Pty Limited & Steggles Food Products Pty Ltd (collectively the Employers).

On 6 June 2024, the Commission was advised that the Employers 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 Bradley McDougall, Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 20 June 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 PR775747.

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 for 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, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order concerning employees of Steggles Pty Limited and Steggles Food Products Pty Ltd. The application was made for the purpose of allowing the union to organise a vote among its members regarding potential protected industrial action due to ongoing disputes with the employers. The employers did not object to the application, prompting the Commission to proceed with the determination based on the submitted documentation.

The legal issues before the Commission were whether the union had fulfilled the necessary requirements to conduct a protected action ballot as stipulated in section 443 of the Act, and whether all procedural prerequisites had been met. The Commission had to ascertain if the union had genuinely attempted to reach an agreement with the employers and if there was a notification period for the proposed agreement. Furthermore, the Commission needed to determine a suitable closing date for the ballot, ensuring it adhered to the statutory timelines.

Upon reviewing the evidence, including the declaration by Bradley McDougall, the Organiser for CEPU, the Commission found that the union had indeed been genuinely attempting to reach an agreement with the employers. The declaration outlined the steps taken by the union in its bargaining efforts, confirming that the union had satisfied the notification period requirement and all other prerequisites of section 443(1) of the Act. The Commission also verified that Vero Engagement and Voting Solutions Pty Ltd, the appointed ballot agent, was duly approved under section 468A of the Act. Consequently, the Commission ordered that the voting period for the ballot would close on 20 June 2024. An Order was separately issued, and the matter was assigned to another Member of the Commission to oversee a compulsory conciliation conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established