CPSU, the Community and Public Sector Union v Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

[2023] FWC 2928

[2023] FWC 2928

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 Scientific and Industrial Research Organisation T/A CSIRO

(B2023/1220)

DEPUTY PRESIDENT WRIGHT SYDNEY, 9 NOVEMBER 2023

Proposed protected action ballot of employees of the CSIRO

1. 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 Commonwealth Scientific and Industrial Research Organisation T/A CSIRO (CSIRO or Employer). 

1. On 9 November 2023, the Commission was advised that the CPSU and the CSIRO had reached agreement in relation to aspects of the proposed Order and the notice period. 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 Nicholas Daniel, CPSU Organiser, setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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. Based on the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days for particular employees taking industrial action. Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 5 working days for employees working at the Australian Centre for Disease Preparedness, and employees working on the Research vessel Investigator, while on a voyage at sea.

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

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 30 November 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768092.

1. This matter will be assigned to another Member of the Commission to conduct a 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] TrueVote Pty Ltd [2023] FWC 1446.

[2] This is 15 working days from the date of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR768091>