Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

[2025] FWC 343

[2025] FWC 343

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

SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

(B2025/212)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 7 FEBRUARY 2025

Proposed protected action ballot of employees of SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

1. 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 SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand (SUEZ or Employer). The parties are bargaining for an agreement to replace the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Operators Enterprise Agreement 2021 – 2024.

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

1. On 6 February 2025, the Commission was advised that the Employer, in effect, did not object to the Application, as amended. The Commission has corrected the legal entity of the employer given the obvious error in the application.

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 Simon Pisoni, State 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 SUEZ, 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 (AEC).

1. 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 24 March 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR784088.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with other related matter if a Protected Action Ballot Order is ultimately made in that application. 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] B2025/219.

[2] This is, in effect, 30 working days from the making of the Order, which is the minimum period required by the AEC.

Printed by authority of the Commonwealth Government Printer

<PR784090>