Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Solutions Pty Ltd Summary

[2025] FWC 2427

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 Solutions Pty Ltd

(B2025/1302)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 AUGUST 2025

Proposed protected action ballot of employees of UGL Solutions Pty Ltd

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 Solutions Pty Ltd (UGL Solutions or Employer).

On 18 August 2025, the Commission was advised that the Employer did not object to the Application if amended following discussions between the parties.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Luke Ellis, 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 Solutions, 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 2 September 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 PR790811.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of UGL Solutions Pty Ltd. The application was made to facilitate a ballot for proposed industrial action, following unsuccessful negotiations for an enterprise agreement. UGL Solutions did not object to the application after discussions between the parties. The Deputy President Hampton determined the matter on the papers, without a hearing, and granted leave for the application to be amended.

The primary legal issues before the court were whether the CEPU had genuinely tried to reach an agreement with UGL Solutions, if a notification period existed in relation to the proposed agreement, and if all requirements under section 443(1) of the Act were met. The CEPU argued that it had taken all necessary steps to reach an agreement and had been genuinely trying to do so. The court considered the declaration of Luke Ellis, Organiser, which outlined the bargaining efforts and concluded that the CEPU had indeed been genuinely attempting to reach an agreement with UGL Solutions.

The Deputy President Hampton was satisfied that the notification period existed and that all requirements under section 443(1) of the Act had been met. Consequently, the application was granted. The ballot was to be conducted by Democratic Outcomes Pty Ltd (CiVS), which was approved as an eligible protected action ballot agent. The Deputy President Hampton determined the closing date for voting to be 2 September 2025, which was 10 working days from the making of the order. The matter was then assigned to another Member of the Commission for a compulsory conciliation conference under section 448A of the Act.

An order was issued, granting the application and setting the closing date for the ballot. This decision facilitated the proposed industrial action and ensured that the parties would participate in meaningful negotiations during the compulsory conciliation conference.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established