CPSU, the Community and Public Sector Union v Commonwealth of Australia (represented by the Department of Human Services)

[2014] FWC 7281

[2014] FWC 7281

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
Commonwealth of Australia (represented by the Department of Human Services)
(B2014/1454)

COMMISSIONER MCKENNA SYDNEY, 16 OCTOBER 2014

Proposed protected action ballot of employees of the Commonwealth of Australia (represented by the Department of Human Services).

[1] On 9 October 2014, the Community and Public Sector Union (“the CPSU”) made an application, pursuant to s.437 of the Fair Work Act 2009 (“the Act”), for a proposed protected action ballot of certain employees of the Commonwealth of Australia (represented by the Department of Human Services) (“the DHS”).

[2] The matter was listed for hearing on Friday, 10 October 2014, and I made an ex tempore decision that evening concerning the application.

[3] By way of short elaboration of the reasons for that decision, the CPSU’s application for the order and related directions was initially opposed by the DHS, at least in the form then sought by the CPSU. Consequent upon discussions between the parties themselves prior to the hearing and Commission-chaired conciliation in private conference on 10 October 2014, the CPSU and the DHS reached agreement concerning amendments to the content of the proposed order and directions. The CPSU also formally gave a number of undertakings, in an agreed form of wording, concerning certain matters.

[4] Given the agreed amendments to the proposed order and directions, and the provision of the undertakings, the DHS submitted it did not oppose the making of the order.

[5] Further, there was no dispute about the proposed appointment of RMK Investments Pty Limited trading as Australian Electoral Company as the protected action ballot agent. In this regard, it may be noted the ballot agent provides electronic voting facilities - being a means of balloting which, it was submitted, is not available through the Australian Electoral Commission. To the extent it was necessary to so conclude, I was requisitely satisfied, pursuant to s.444 of the Act, as to the appointment of this protected action ballot agent as an alternative to the Australian Electoral Commission. In this regard, I separately also note and reiterate my appreciation of the contribution of Richard Kidd of the Australian Electoral Company in the proceedings on 10 October 2014.

[6] On a consideration of the relevant provisions of the Act and the signed statement of an officer of the CPSU relied upon in support of the application, the agreed amendments to the proposed order and directions, and the submissions of the parties, I was satisfied the requirements of the Act and Regulations had been met and that, accordingly, the order must be made.

[7] The DHS undertook that, by Monday 13 October 2014, it would file and serve an amended order and directions containing the settled form of the amendments agreed between the CPSU and the DHS.

[8] On 13 October 2014, having further reviewed the documents in chambers, I issued the order [PR556507] and directions [PR556550].

COMMISSIONER

Appearances:

L Benfell for the CPSU.

P McNulty for the Commonwealth of Australia (represented by the Department of Human Services).

Hearing details:

2014.

Sydney/Brisbane/Canberra by videolink;

October, 10.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556626>