CPSU, the Community and Public Sector Union v Australian Broadcasting Corporation T/A ABC

[2023] FWC 319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Australian Broadcasting Corporation T/A ABC

(B2023/77)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 FEBRUARY 2023

Proposed protected action ballot of employees of the Australian Broadcasting Corporation

This is an application by the CPSU, the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Australian Broadcasting Corporation T/A ABC (Respondent).

On 6 February 2023, the Fair Work Commission was advised that the Respondent neither opposed nor consented 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 statutory declaration of Sinddy Pilar Ealy of the Applicant declared on 1 February 2023, 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.

An Order and Directions have been separately issued in PR750274 and PR750284 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Community and Public Sector Union (CPSU), seeking permission for a protected action ballot involving certain employees of the Australian Broadcasting Corporation (ABC). The application was made under section 437 of the Fair Work Act 2009 and related to the union's efforts to reach an agreement with the employer regarding proposed changes. The ABC did not oppose the application nor did they consent to it. The Vice President, Catanzariti, decided to determine the matter based on the written submissions without a hearing.

The primary legal issue before the Commission was whether the CPSU had satisfied the prerequisites for a protected action ballot under the Fair Work Act. Specifically, the Commission needed to determine if the union had genuinely attempted to reach an agreement with the ABC and if the statutory notification period for the proposed changes had been met. The union submitted a statutory declaration by Sinddy Pilar Ealy, outlining the steps taken in the bargaining process and asserting their genuine efforts to reach an agreement.

The Vice President concluded that the CPSU had indeed fulfilled the requirements for a protected action ballot. The union had demonstrated its genuine attempts to negotiate with the ABC, and the statutory notification period for the proposed changes had been adhered to. Consequently, the Commission issued an order permitting the ballot and directed the relevant parties to comply with the procedural requirements.

The Fair Work Commission issued an order permitting the CPSU to conduct a protected action ballot among the specified employees of the ABC. The Commission also issued directions, as separately noted in PR750274 and PR750284, to ensure the ballot process was conducted in accordance with the statutory provisions. This decision allows the union to proceed with the ballot, provided it adheres to the outlined directions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established