Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The Smith's Snackfood Company Pty Ltd

Case [2025] FWC 814
[2025] FWC 814

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

The Smith’s Snackfood Company Pty Ltd

(B2025/497)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 MARCH 2025

Proposed protected action ballot of employees of The Smith’s Snackfood Company Pty Ltd

  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 The Smith’s Snackfood Company Pty Ltd (Smith’s or Employer).

  1. I note that the United Worker’s Union (UWU)[1] and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[2], respectively, have made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

  1. On 21 March 2025, the Commission was advised that the Employer, in effect, did not object to 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 Smith’s, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 2 April 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

  1. An Order has been separately issued in PR785436.

  1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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

<PR785438>


[1] B2025/492.

[2] B2025/495

[3] This is, in effect, 8 working days from the making of the Order and was the specific date sought in the application. This also coincides with the related matters.

Printed by authority of the Commonwealth Government Printer

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The Smith's Snackfood Company Pty Ltd [2025] FWC 814
Case
[2025] FWC 814
Decision Date

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order concerning employees of The Smith’s Snackfood Company Pty Ltd (Smith’s). The dispute arose from negotiations over an enterprise agreement. The United Worker’s Union (UWU) and the Australian Manufacturing Workers’ Union (AMWU) also sought ballot orders for the same agreement. The employer, Smith’s, did not object to the application. The Deputy President Hampton decided to determine the matter based on the submitted documents.

The key legal issues addressed were whether the notification period for the proposed agreement was valid, whether all procedural requirements under the Fair Work Act 2009 were fulfilled, and if the ballot agent, Fair Vote Services Pty Ltd, was eligible to conduct the ballot. The Deputy President Hampton reviewed the declaration by Simon Pisoni, the State Organiser of CEPU, which outlined the bargaining efforts and the genuine attempt to reach an agreement with Smith’s. The Deputy President concluded that all requirements for the ballot were met and approved the proposed ballot date closing on 2 April 2025. This date was set to ensure compliance with the Act's provisions and to align with related matters.

In granting the application, the Deputy President Hampton issued an order allowing the ballot to proceed, specifying the closing date and the authorised ballot agent. The decision also noted that a separate order would be issued for a compulsory conciliation conference, which would involve all bargaining representatives. This conference aimed to facilitate meaningful negotiations, with potential directions to ensure the parties' preparedness. The matter will be assigned to another Member of the Commission for the conciliation conference, ensuring continued progress in the resolution of the dispute.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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