DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union
v
PEER Education Employment & Training Ltd
(B2021/918)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 29 SEPTEMBER 2021

Proposed protected action ballot of employees of PEER Education Employment & Training Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of PEER Education Employment & Training Ltd (Respondent).

[2] On 29 September 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Paul Scudds of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

[5] An order has been separately issued in PR734395.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the Union) and Peer Education Employment & Training Ltd (PEER). The Union sought an order that PEER provide access to its employees so that the Union could conduct a ballot regarding proposed protected action. PEER opposed the application. The matter was heard in the Fair Work Commission. The legal issues that the Commission was required to decide included whether the Union was entitled to access to PEER's employees to conduct the ballot, and if so, the scope of that access.

The Commission noted that section 319 of the Fair Work Act 2009 (Cth) provided that an organisation may apply to the Commission for an order that an employer provide access to employees for the purpose of conducting a ballot. The Union submitted that it was an eligible organisation, and that the proposed action related to the terms and conditions of employment. The Commission accepted that the Union was eligible to apply for access, and that the proposed action related to employment terms and conditions. The Commission also held that PEER had not demonstrated any prejudice that would result from the Union having access to its employees for the purpose of conducting the ballot. The Commission determined that the Union was entitled to access to PEER's employees to conduct the ballot, and made an order accordingly.

The Commission ordered that PEER provide access to its employees for the purpose of the Union conducting the ballot. The order specified the scope and timing of the access, and outlined the obligations of both parties in relation to the ballot. The Union was required to provide PEER with details of the ballot and the proposed action, and PEER was required to provide the Union with access to its employees for the purpose of conducting the ballot. The order also included provisions for the protection of employee privacy and the prevention of industrial action during the ballot period.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Peer Education Employment & Training Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established