Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Timberlink Australia Pty Ltd T/A Timberlink Australia

[2023] FWC 3385

[2023] FWC 3385

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

Timberlink Australia Pty Ltd T/A Timberlink Australia

(B2023/1373)

DEPUTY PRESIDENT HAMPTON SYDNEY, 18 DECEMBER 2023

Proposed protected action ballot of employees of Timberlink Australia 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 Timberlink Australia Pty Ltd T/A Timberlink Australia (Timberlink or Employer). 

1. On 18 December 2023, the Commission was advised, in effect, that Timberlink 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 Mr Michael Anderson on behalf of the CEPU, 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 Timberlink, 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 the Australian Electoral Commission. 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 February 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Following consultation with the parties, one of the ballot questions was removed from the proposed order.[2]

1. An order has been separately issued in PR769528.

1. 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 involved 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 period required by the Australian Electoral Commission to conduct a ballot.

[2] The question involved the wearing of union clothing not stated to be a ban, limitation or restriction. The CEPU advised that it would in these circumstances, abandon the question.

Printed by authority of the Commonwealth Government Printer

<PR769527>