DECISION

Fair Work Act 2009
s.437 - Application for a protection action ballot order

Community and Public Sector Union
v
CSL Limited
(IA2018-4605)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 31 AUGUST 2018

Proposed protected action ballot of employees of CSL Limited.

[1] This is an application by the Community and Public Sector 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 CSL Limited (Respondent).

[2] On 30 August 2018, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms L R McBride 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] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Richard Kidd of the Australian Election Company (Election Company). Mr Kidd has relevant experience in conducting protected action ballots and has previously worked as the Queensland State Director, Industrial Elections for the AEC. I am satisfied that Mr Kidd is a fit and proper person to conduct the ballot. I am also satisfied that Mr Kidd and the Election Company are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Kidd has agreed to be the protected action ballot agent and he and the Election Company are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint Mr Kidd as the protected action ballot Agent.

[7] An order has been separately issued in PR620368.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union sought an order from the Fair Work Commission for a protected action ballot, in relation to certain employees of CSL Limited, under section 437 of the Fair Work Act 2009. CSL Limited did not object to the application and the matter was determined on the papers. The Deputy President found that the union had attempted to reach agreement with CSL Limited, there was a notification time in relation to the proposed agreement, and the requirements of section 443(1) of the Act had been met. The union also sought to appoint a person other than the Australian Electoral Commission as the ballot agent for the protected action ballot. The proposed ballot agent was Mr Richard Kidd of the Australian Election Company, who was not opposed by CSL Limited. The Deputy President found that Mr Kidd was a fit and proper person to conduct the ballot and that he and the Election Company were capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously.

The legal issue before the Deputy President was whether to grant the union's application for a protected action ballot order and appoint Mr Kidd as the ballot agent. The Deputy President found that the union had met the requirements of the Act in relation to the protected action ballot and that Mr Kidd was a suitable candidate to be the ballot agent. The Deputy President was satisfied that Mr Kidd and the Election Company were capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. The Deputy President also found that Mr Kidd and the Election Company were bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

The Deputy President found in favour of the union and granted the application for a protected action ballot order. The Deputy President appointed Mr Richard Kidd of the Australian Election Company as the ballot agent for the protected action ballot. The Deputy President found that Mr Kidd was a fit and proper person to conduct the ballot and that he and the Election Company were capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. The Deputy President also found that Mr Kidd and the Election Company were bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

Community and Public Sector Union v CSL Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established