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

[2023] FWC 1797

[2023] FWC 1797

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 Operations and Maintenance Pty Ltd T/A UGL

(B2023/733)

COMMISSIONER LIM PERTH, 26 JULY 2023

Proposed protected action ballot of employees of UGL Operations and Maintenance Pty Ltd Trading As UGL

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing  and  Allied  Services  Union  of  Australia (CEPU) made  under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, UGL Operations and Maintenance Pty Ltd (UGL or Employer).

1. On 24 July 2023, the Commission was advised that the Respondent objected to:

a)the Form F34 on the basis that it was submitted unsigned;

b)ballot questions 11 and 12 contained in the Draft Order; and

c)the amount of employee information requested for the conduct of the ballot.

Hearing

1. A hearing was conducted on 25 July 2023. Prior to the hearing, the CEPU filed an amended signed Form F34 which addressed UGL’s first objection.

1. At the hearing, a short adjournment was granted to allow the parties to engage in private conference discussions. As a result of the conference, the parties reached a consensus position on amendments to the Draft Order and the Employer withdrew their remaining objections.

1. The CEPU provided the declaration of Mr Simon Brezovnik which set out:

a)    the notification time for the proposed enterprise agreement is 17 May 2023;

b)   the steps taken by the CEPU in bargaining with UGL since the notification time; and

c)    that the CEPU has been, and is, genuinely trying to reach agreement with UGL.

1. This evidence was unchallenged by UGL.

1. Accordingly, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. For the purposes of s 443(3)(c) and s 448A(2) of the Act, I have determined that the  ballot period will be ten (10) working days from the date of the Order (26 July 2023).

1. An order has been separately issued in PR64470.

1. Upon issuing a protected action ballot order the Commission is required by s 448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference.

COMMISSIONER

Appearances:

Mr James Fox for the CEPU
Mr Geoff Weaver for UGL Operations and Maintenance Pty Ltd

Hearing details:

2023.
Perth
25 July.

[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

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