CPSU, the Community and Public Sector Union v Commonwealth of Australia represented by the Australian Bureau of Statistics Summary

[2024] FWC 1145

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 represented by the Australian Bureau of Statistics

(B2024/504)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 2 MAY 2024

Proposed protected action ballot of employees of the Commonwealth of Australia as represented by the Australian Bureau of Statistics

This is an application by the CPSU, the Community and Public Sector Union (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 Proposed protected action ballot of employees of the Commonwealth of Australia as represented by the Australian Bureau of Statistics (ABS or Employer).

On 2 May 2024, the Commission was advised that the Employer 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 Matthew Wainscott, Industrial Officer, 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 the ABS, 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 31 May 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR774442.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] This is, in effect, twenty (20) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, under Deputy President Hampton, considered an application by the Community and Public Sector Union (CPSU) for a protected action ballot order concerning certain employees of the Commonwealth of Australia, specifically those represented by the Australian Bureau of Statistics (ABS). The ABS did not object to the application, leading the Commission to decide on the matter based on the submitted documents. The CPSU sought the order to facilitate a ballot for protected action, which is a form of industrial action that employees can undertake without fear of losing their jobs.

The legal issues before the Commission were whether the CPSU had fulfilled the prerequisites for a protected action ballot under section 437 of the Fair Work Act 2009. This involved confirming that the union had genuinely attempted to reach an agreement with the ABS and that all procedural requirements, such as the notification period, were met. The CPSU provided a declaration from Matthew Wainscott, an Industrial Officer, which detailed the union's bargaining efforts and its commitment to reaching an agreement with the ABS. The Commission assessed these submissions and determined that the CPSU had satisfied the necessary conditions.

The Fair Work Commission concluded that the CPSU had demonstrated it had genuinely attempted to reach an agreement and met all requirements under section 443 of the Act. The Commission approved the proposed ballot date, set the closing date for voting as 31 May 2024, and authorized TrueVote Pty Ltd to conduct the ballot. This decision also set the stage for a compulsory conciliation conference to be conducted by another member of the Commission, as outlined in section 448A of the Act.

In conclusion, the Fair Work Commission granted the CPSU's application for a protected action ballot order. The Commission established the timeline for the ballot and indicated that a compulsory conciliation conference would follow, with an aim to facilitate further negotiations between the parties. This decision was documented and issued as an order, with a separate order issued in PR774442.

CPSU, the Community and Public Sector Union v Commonwealth of Australia represented by the Australian Bureau of Statistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established