CPSU, the Community and Public Sector Union v Australian Capital Territory

[2023] FWC 632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Australian Capital Territory

(B2023/233)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 MARCH 2023

Proposed protected action ballot of employees covered by the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2021-2022

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 the Australian Capital Territory (Respondent).

On 15 March 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 submissions filed by the parties and the statutory declaration of Ronald Edward Johnson of the Applicant declared on 10 March 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 PR760332 and PR760334 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Community and Public Sector Union (CPSU) versus the Australian Capital Territory, the Fair Work Commission was approached by the CPSU to grant a protected action ballot order for certain employees of the Australian Capital Territory. The dispute arose under Section 437 of the Fair Work Act 2009, where the CPSU sought to organise a protected action ballot for its members who are employees of the Australian Capital Territory. The Australian Capital Territory did not oppose the application, resulting in the matter being determined on the papers submitted by both parties without the need for a hearing.

The primary legal issue the Fair Work Commission had to address was whether the CPSU had fulfilled the requirements under Section 437 of the Fair Work Act 2009 to hold a protected action ballot. This involved examining the steps taken by the CPSU in bargaining with the Australian Capital Territory and whether the union had genuinely attempted to reach an agreement with the employer. The Commission also had to consider whether there was a notification time in relation to the proposed agreement and whether the CPSU had met the conditions outlined in Section 443(1) of the Act.

The Fair Work Commission concluded that the CPSU had indeed taken the necessary steps in good faith to reach an agreement with the Australian Capital Territory, as evidenced by the statutory declaration and submissions from both parties. The Commission was satisfied that the notification time had been met and that all the requirements under the Fair Work Act 2009 had been adhered to. Consequently, the Vice President determined to grant the application for a protected action ballot order on the basis of the material presented.

The Fair Work Commission issued an order and directions in separate documents, PR760332 and PR760334, respectively. These documents would detail the specific terms and conditions of the ballot and any further actions required by the parties involved. The decision by the Fair Work Commission ensures that the CPSU can proceed with the ballot in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established