Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Sydney Trains, NSW Trains

[2024] FWC 2366

[2024] FWC 2366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Sydney Trains, NSW Trains

(B2024/1117)

COMMISSIONER CRAWFORD SYDNEY, 3 SEPTEMBER 2024

Proposed protected action ballot of employees of Sydney Trains and NSW Trains

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (FWAct) for a protected action ballot order in relation to certain employees of Sydney Trains and NSW Trains (Employers).

1. On 3 September 2024, the Commission was advised that the CEPU and the Employers had effectively reached a consent position in relation to the application. At a high level, the CEPU agreed to some modifications to the proposed questions to deal with the Employers’ safety concerns and the CEPU agreed not to oppose the Employers’ request for a longer written notice period of seven working days for employee claim action. Given these concessions, the Employers withdrew their opposition to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. The CEPU has provided uncontested evidence via a declaration from Jesse Saville (Organiser) which sets out the steps taken by the CEPU in bargaining with the Employers and provides evidence that the CEPU has been, and is, genuinely trying to reach agreement with the Employers.

1. 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 FW Act have been met.

1. 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.

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 September 2024, which is 15 working days from the date of this decision and the accompanying Order. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR778890.

1. This matter will be assigned to a 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.

COMMISSIONER

Determined on the papers.

Printed by authority of the Commonwealth Government Printer

<PR778889>