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

[2024] FWC 3214

[2024] FWC 3214

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

Worley Power Services Pty Ltd

(B2024/1509)

DEPUTY PRESIDENT CLANCY MELBOURNE, 22 NOVEMBER 2024

Proposed protected action ballot of employees of Worley Power Services Pty Ltd

1. 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 Worley Power Services Pty Ltd (Worley or Employer).

1. The Employer was sent a copy of the Application and the CEPU’s declaration in support of Chelsea Hill, Legal and Industrial Admin Facilitator but has not responded to the 6 attempts the Commission has made to seek its views in relation to the Application.

1. In the circumstances, I have discerned that the Application raises no issues for the Respondent and decided to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Ms Hill, 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 Worley, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 6 December 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR781476.

1. 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.

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