CPSU, the Community and Public Sector Union-SPSF Group, South Australian Branch v The Australian Red Cross Society Summary

[2024] FWC 1798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

CPSU, the Community and Public Sector Union-SPSF Group, South Australian Branch
v

The Australian Red Cross Society

(B2024/862)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JULY 2024

Proposed protected action ballot of employees of the Australian Red Cross Society

This is an application by the Community and Public Sector Union-SPSF Group, South Australian Branch (CPSU 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 the Australian Red Cross Society (Red Cross or Employer).

I note that the Health Services Union-Western Australia Branch (HSUWA)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 9 July 2024, 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 Natasha Brown, Branch Secretary, setting out the steps taken by the CPSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Red Cross, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 30 July 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776817.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2024/861.

[2] This is, in effect, 15 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union-SPSF Group, South Australian Branch (CPSU) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of the Australian Red Cross Society (Red Cross). This application was made to facilitate a proposed protected action ballot concerning an enterprise agreement. The Health Services Union-Western Australia Branch (HSUWA) had also submitted a separate application for a similar ballot. The Red Cross did not object to the CPSU's application, leading to the determination of the matter based on the submitted documents without the need for a hearing.

The legal issues in this case centered around whether the CPSU had met the requirements under section 443 of the Fair Work Act to hold a protected action ballot. This included verifying that a notification time existed in relation to the proposed agreement and that the CPSU had genuinely attempted to reach an agreement with the Red Cross. Additionally, the court had to determine if TrueVote Pty Ltd, the approved ballot agent, was authorised to conduct the ballot. The determination also involved setting a closing date for voting to comply with section 443(3)(c) of the Act.

The Deputy President of the Fair Work Commission, Hampton, reviewed the declaration from Natasha Brown, Branch Secretary of the CPSU, which outlined the union's bargaining efforts with the Red Cross. The declaration confirmed that the CPSU had been genuinely attempting to reach an agreement. The Deputy President found that all requirements for holding a ballot were met, and TrueVote was authorised to conduct the ballot. The closing date for voting was set as 30 July 2024, establishing the ballot period for the purposes of section 448A(2) of the Act. Another member of the Commission was assigned to conduct the compulsory conciliation conference related to the proposed enterprise agreement.

This decision concluded that the CPSU's application for a protected action ballot order was granted, with voting to close on 30 July 2024. The matter will be further addressed in a compulsory conciliation conference, where the parties are expected to engage in meaningful negotiations. The Deputy President issued separate orders in relation to these proceedings.

CPSU, the Community and Public Sector Union-SPSF Group, South Australian Branch v The Australian Red Cross Society

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established