Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Engineering Pty Limited
[2025] FWC 732
•14 MARCH 2025
| [2025] FWC 732 |
| 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
UGL Engineering Pty Limited
(B2025/471)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 14 MARCH 2025 |
Proposed protected action ballot of employees of UGL Engineering Pty Limited
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 UGL Engineering Pty Limited (UGL or Employer).
On 13 March 2025, following discussions between the parties, the Commission was advised that the Employer did not object to the Application in an amended form. The parties communicated a consent position, including proposed variations to clarify the group of employees and an undertaking to be provided by the CEPU regarding safety critical works to be included in notices of protected industrial action. The terms of the safety undertaking are as follows:
“The CEPU undertakes to ensure that in an emergency situation where there is a risk to personal health and safety and where no other workers are available, CEPU members will be available to perform work. CEPU members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof.”
Accordingly, I have granted leave to amend the application to adopt the revised proposed order and determined the application on the papers without conducting a hearing.
On the basis of the material before me, including the declaration of Leonard Lane, 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 UGL, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 28 March 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 PR785193.
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
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