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

[2025] FWC 351

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

(B2025/211)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 FEBRUARY 2025

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

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 Electrical Trades Enterprise Agreement 2021 – 2024.

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.

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 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.

The ballot is to be conducted by Australian Electoral Commission (AEC).

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

An Order has been separately issued in PR784113.

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 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] 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

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand, under section 437 of the Fair Work Act 2009. The union sought the order to facilitate a ballot for potential industrial action in the context of ongoing negotiations for a replacement agreement to the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Electrical Trades Enterprise Agreement 2021 – 2024. The employer did not object to the application as amended, and the Commission corrected the legal entity of the employer due to an error in the application.

The legal issues before the Deputy President were whether the union had genuinely attempted to reach an agreement with the employer and whether all the requirements under section 443(1) of the Act had been met for the protected action ballot. Additionally, the Deputy President needed to determine the appropriate closing date for the ballot in accordance with section 443(3)(c) of the Act.

The Deputy President found that the union had genuinely tried to reach an agreement with the employer, as evidenced by the declaration of Simon Pisoni, State Organiser, detailing the bargaining steps taken. The Deputy President was satisfied that all the requirements under section 443(1) of the Act had been met, and there was a notification period for the proposed agreement. The closing date for voting in the ballot was set at 24 March 2025, which aligns with the minimum period required by the Australian Electoral Commission. The matter will be assigned to another Member of the Commission to conduct a compulsory conciliation conference under section 448A of the Act.

The Deputy President issued an order granting the union's application for a protected action ballot order, specifying the closing date for voting. Another order was issued to require the attendance of all bargaining representatives at the compulsory conciliation conference. Directions were likely to be issued to ensure that the parties were prepared for meaningful negotiations at the conference.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established