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

[2025] FWC 756

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

Wood Australia Pty Ltd

(B2025/483)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 MARCH 2025

Proposed protected action ballot of employees of Wood Australia 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 Wood Australia Pty Ltd (Wood Australia or Employer).

On 17 March 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of James Little, 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 Wood Australia, 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 31 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 PR785274.

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 Fair Work Commission, under Deputy President Hampton, heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order concerning employees of Wood Australia Pty Ltd. CEPU sought to hold a ballot to authorise protected industrial action due to a breakdown in negotiations over a proposed enterprise agreement. The employer did not object to the application, and the matter was determined on the papers.

The primary legal issue was whether the conditions stipulated in section 443(1) of the Fair Work Act 2009 were satisfied for the Commission to order a ballot. This required confirmation that the union had genuinely attempted to reach an agreement with the employer and that there was a notification period for the proposed agreement. The union provided a declaration by James Little, an Organiser, outlining the bargaining process and the union's efforts to reach an agreement. The Commission also needed to determine the closing date for the ballot.

After reviewing the evidence, Deputy President Hampton concluded that the union had met the necessary criteria for a ballot. The declaration and other material demonstrated that the union had genuinely attempted to reach an agreement and that a notification period was in effect. Consequently, the Commission issued an order for the ballot to be conducted by Democratic Outcomes Pty Ltd, an approved agent, with voting to close on 31 March 2025. The matter was referred to another member for compulsory conciliation under section 448A of the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established