CPSU, the Community and Public Sector Union v Commonwealth of Australia (acting through the Department of Agriculture)

[2015] FWC 1220

[2015] FWC 1220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
Commonwealth of Australia (acting through the Department of Agriculture)

(B2015/297)

COMMISSIONER MCKENNA SYDNEY, 20 FEBRUARY 2015

Proposed protected action ballot of employees of the Commonwealth of Australia (acting through the Department of Agriculture).

[1] On 18 February 2015, the CPSU, the Community and Public Sector Union, made an application, pursuant to s.437 of the Fair Work Act 2009 (“the Act”), for an order concerning a proposed protected action ballot of certain employees of the Commonwealth of Australia, acting through the Department of Agriculture (“the Department”).

[2] Consequent upon discussions between the parties themselves prior to the hearing and during adjournments in the proceedings on 19 February 2015, the CPSU and the Department reached agreement concerning amendments to the proposed order - including the questions to be put and the extension of certain periods of notice. The CPSU also gave a number of formal undertakings, again in an agreed form, concerning certain matters. Given the matters put forward by agreement following the discussions between the parties, the Department submitted the application was not opposed.

[3] Further, there was no issue about the proposed appointment of RMK Investments Pty Limited trading as Australian Electoral Company as the protected action ballot agent and I was satisfied, pursuant to s.444 of the Act, as to the appointment of this agent as an alternative to the Australian Electoral Commission.

[4] On a consideration of the relevant provisions of the Act, the signed statement of an industrial officer of the CPSU relied upon in support of the application, the agreed amendments to the proposed order, and the submissions of the parties, I announced my decision on 19 February 2015 I was satisfied as to the relevant statutory requirements having been met and, thereby, that the order must be made.

[5] The solicitors for the Department undertook to lodge with the Commission documentation containing the settled form of the amendments agreed between the CPSU and the Department by 20 February 2015. Having today further reviewed that documentation lodged by the Department’s solicitors, the order [PR561267] and directions [PR561268] now issue.

COMMISSIONER

Appearances:

L. Benfell for the CPSU, the Community and Public Sector Union.

M. Campbell,solicitor,for the Commonwealth of Australia (acting through the Department of Agriculture).

Hearing details:

2015.

Sydney/Canberra/Melbourne by videolink;

February, 19.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR561248>