Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Thales Australia Limited T/A Thales Australia

[2024] FWC 3532

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

Thales Australia Limited T/A Thales Australia

(B2024/1652)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 DECEMBER 2024

Proposed protected action ballot of employees of Thales Australia Limited T/A Thales Australia

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 Thales Australia Limited trading as Thales Australia (Thales or Employer).

On 17 December 2024, 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 Jesse Saville, 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 Thales, 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 Voting). Vero Voting 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 6 January 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 PR782590.

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, 10 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 has been asked to approve a protected action ballot by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) against Thales Australia Limited, trading as Thales Australia. This application was made under section 437 of the Fair Work Act 2009. The proposed ballot aims to authorise certain employees to take protected industrial action. Thales Australia Limited did not object to the application, leading to the decision being made based on the provided documents.

The primary legal issue before the Commission was whether the conditions for a protected action ballot under section 443 of the Act were met. The CEPU argued that it had been genuinely attempting to reach an agreement with Thales and that there was a notification time for the proposed agreement. The Commission had to verify if all statutory requirements had been fulfilled, including whether the ballot agent was approved and if the ballot period was appropriately set.

The Deputy President of the Fair Work Commission, Hampton, concluded that the CEPU had met all the necessary requirements for a protected action ballot. The evidence provided, including the declaration of Jesse Saville, an Organiser for the CEPU, demonstrated the union's genuine efforts in bargaining with Thales. The Commission also confirmed that Vero Engagement and Voting Solutions Pty Ltd (Vero Voting), the proposed ballot agent, was approved under section 468A of the Act. Consequently, the application was approved, and an order was issued setting the closing date for the voting period as 6 January 2025.

The final orders of the Commission include the approval of the ballot and the setting of the closing date for voting. Additionally, the matter was assigned to another Member of the Commission for a compulsory conciliation conference under section 448A of the Act. The Commission will also issue directions to ensure that all bargaining representatives are prepared for meaningful negotiations at the conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established