CPSU, the Community and Public Sector Union v Commonwealth of Australia (represented by the Department of Veterans' Affairs)

[2014] FWC 7842

[2014] FWC 7842

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 Veterans’ Affairs)
(B2014/1544)

COMMISSIONER MCKENNA SYDNEY, 4 NOVEMBER 2014

Proposed protected action ballot of employees of the Commonwealth of Australia (represented by the Department of Veterans Affairs).

[1] On 3 November 2014, the CPSU, the Community and Public Sector Union, 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 Veterans’ Affairs) (“the DVA”).

[2] Consequent upon discussions between the parties themselves prior to the hearing and during an adjournment in the proceedings on 4 November 2014, the CPSU and the DVA reached agreement concerning amendments to the proposed order. The CPSU also gave a number of formal undertakings, again in an agreed form, concerning certain matters.

[3] Given the agreed amendments to the proposed order, and the provision of the undertakings, the DVA submitted the application was not opposed. 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 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 organiser of the CPSU relied upon in support of the application, the agreed amendments to the proposed order, and the submissions of the parties, I was satisfied as to the requirements of the Act and Regulations having been met and, accordingly, that the order must be made - and announced my decision that, being so satisfied, the order [PR557377] and directions [PR557378] would issue today.

COMMISSIONER

Appearances:

K. Barlow for the CPSU, the Community and Public Sector Union.

M. Baillie,solicitor,for the Commonwealth of Australia (represented by the Department of Veterans’ Affairs).

Hearing details:

2014.

Sydney/Brisbane/Canberra by videolink;

November, 4.

<Price code A, PR557398>