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

[2025] FWC 2024

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

Wormald Australia Pty Ltd

(B2025/1125)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 15 JULY 2025

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

On 14 July 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 Adrian Valente, 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 Wormald, 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 Australian Electoral Commission.

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 26 August 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 PR789625.

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, 30 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

In the matter of the Fair Work Commission, the applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, has applied for a protected action ballot order in relation to certain employees of Wormald Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The application was not opposed by the employer, leading the Deputy President to determine the matter without a hearing. The union has provided evidence of its efforts to reach an agreement with the employer, fulfilling the requirements set forth in section 443(1) of the Act.

The legal issues before the court involved verifying whether the union had genuinely attempted to reach an agreement with the employer and whether all procedural requirements were met to conduct a protected action ballot. The Deputy President considered the evidence provided by the union and concluded that the union had indeed made genuine efforts to negotiate. Additionally, the court confirmed that all requirements under section 443(1) of the Act had been satisfied. Consequently, the court authorised the ballot to proceed and set the closing date for voting, which was determined to be 26 August 2025. This date also marks the ballot period under section 448A(2) of the Act.

In light of the determination, an order was issued for the ballot to be conducted by the Australian Electoral Commission. Furthermore, the matter was assigned to another member of the Commission to conduct a compulsory conciliation conference under section 448A of the Act. This member will issue an order requiring the attendance of all bargaining representatives at the conference, with potential directions to ensure meaningful negotiations take place. This decision ensures that the union's right to organise a ballot is upheld, while also encouraging continued efforts towards reaching a negotiated agreement between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established