Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania Summary

[2025] FWC 1114

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

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania

(B2025/645)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 APRIL 2025

Proposed protected action ballot of employees of Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania

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 Tasmanian Country Club Casino Proprietary Limited trading as Country Club Tasmania (Country Club Tasmania or Employer).

On 17 April 2025, the Commission was advised that the Employer, in effect, 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 Amanda Coleman, 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 Country Club Tasmania, 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 4 June 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 PR786301.

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 and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order concerning certain employees of Tasmanian Country Club Casino Proprietary Limited, trading as Country Club Tasmania. The employer indicated it did not object to the application, leading the Deputy President to decide the matter on the papers without holding a hearing. The CEPU argued it had been genuinely attempting to reach an agreement with the employer and had fulfilled all requirements under section 443(1) of the Fair Work Act 2009. The Commission was satisfied with the evidence provided and determined the voting period for the ballot, to be conducted by the Australian Electoral Commission, would close on 4 June 2025.

The legal issues before the court involved whether the CEPU had met the prerequisites for a protected action ballot under section 437 of the Fair Work Act. The court had to assess if the union genuinely attempted to negotiate with the employer and if all procedural requirements were satisfied. Additionally, the court needed to determine the appropriate closing date for the voting period in line with section 443(3)(c) of the Act. The employer's lack of objection facilitated the decision-making process, leading to a determination on the application's merits based on the submitted documents.

The Deputy President concluded that the CEPU had indeed been genuinely attempting to reach an agreement with the employer, and all procedural requirements had been met. The Commission set the voting period's closing date as 4 June 2025, which aligns with the 30 working days requested in the application. The decision also included assigning the matter to another Member of the Commission for a compulsory conciliation conference to ensure meaningful negotiations between the parties. The Deputy President issued an order to require the attendance of all bargaining representatives in the proposed enterprise agreement at the conference.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established