CPSU, the Community and Public Sector Union v Commonwealth of Australia as represented by the Department of the Prime Minister and Cabinet

[2015] FWC 7725

[2015] FWC 7725

FAIR WORK COMMISSION

DECISION

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

CPSU, the Community and Public Sector Union
v
Commonwealth of Australia as represented by the Department of the Prime Minister and Cabinet
(B2015/1416)

COMMISSIONER JOHNS SYDNEY, 10 NOVEMBER 2015

Proposed protected action ballot of employees of Commonwealth of Australia acting through and represented by the Department of the Prime Minister and Cabinet.

[1] On 5 November 2015, the Community and Public Sector Union (CPSU) made an application for a protected action ballot order in relation to a group of employees of the Commonwealth of Australia (acting through and represented by the Department of the Prime Minister and Cabinet) (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Department of the Prime Minister and Cabinet Enterprise Agreement 2011-2014 (Agreement). The nominal expiry date of the Agreement is 30 June 2014.

[5] After being served with the application, the Employer and the CPSU entered into discussion about a possible undertaking.

[6] The Employer raised a concern with respect to privacy considerations arising from question 2 of the proposed ballot orders sought. This concern was resolved on the basis that the CPSU now provide the following undertaking:

“The CPSU undertakes that the action proposed in question 2 would not involve any inappropriate use of protected, sensitive, or personal information that would:

a) Contravene the Privacy Act 1988; or

b) Breach any of the various secrecy provisions that apply to information collected for the purposes of programs delivered by the department.”

[7] On 9 November 2015, the representatives for the Employer confirmed in writing that, following the provision of an undertaking by the CPSU, it did not object to the Order being issued.

[8] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[9] The Order [PR573799] will be issued concurrently with this decision.

COMMISSIONER

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