Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Utilities Management Pty Ltd T/A SA Power Networks

[2018] FWC 1139

[2018] FWC 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Utilities Management Pty Ltd T/A SA Power Networks
(B2018/114)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 23 FEBRUARY 2018

Proposed protected action ballot of employees of Utilities Management Pty Ltd T/A SA Power Networks

[1] This is an application dated 21 February 2018 made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CFMEU) (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Utilities Management Pty Ltd T/A SA Power Networks (SA Power Networks) (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. SA Power Networks indicated that under section 443(5) of the FW Act exceptional circumstances exist to justify the period of written notice referred to in section 414(2)(a) of the FW Act be extended to five days. The CEPU indicated that they had no objection to this request.

[3] SA Power Networks had no other objection to the application.

[4] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Benjamen Laurance Jewell of the CEPU dated 16 February 2018, setting out the steps taken by it in bargaining with the Respondent and confirming that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the FW Act have been met.

[6] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[7] I am further satisfied, having regard to the nature of the employer’s business and the potential impact of protected action on the public interest, that exceptional circumstances exist warranting a longer period of written notice than three (3) working days for the taking of protected action (if approved by ballot). I have determined, by consent, that a period of five (5) working days written notice is appropriate pursuant to section 443(5) and that this will be required to be given pursuant to 414(2)(b) of the FW Act.

[8] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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