CPSU, the Community and Public Sector Union v Commonwealth of Australia (Represented By the Australian Competition and Consumer Commission)

[2023] FWC 2761

[2023] FWC 2761

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 Competition And Consumer Commission)

(B2023/1131)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 OCTOBER 2023

Proposed protected action ballot of employees of Commonwealth of Australia (Represented by the Australian Competition and Consumer Commission)

1. This is an application by 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 Commonwealth of Australia (Represented by the Australian Competition and Consumer Commission (ACCC or Employers).

1. On 20 October 2023, the Commission was advised that the ACCC, in effect, did not object to the Application, as amended.[1]  

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.  

1. On the basis of the material before me, including the declaration of Ms Kristin Barlow, Legal 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 ACCC, 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.  

1. The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

1. 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 13 November 2023.[3] This also established the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767501.

1. 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 involved in 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] On 20 October 2023, the Applicant filed an amended application, amending Item 3 under Question 5 of the proposed order. No objections were raised by the Respondent. Lease was granted to amend the application accordingly.

[2] TrueVote Pty Ltd [2023] FWC 1446.

[3] This is, in effect, 15 working days from the date of the Order, as sought in the amended proposed order.

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