CPSU, the Community and Public Sector Union v CSL Limited T/A Seqirus

[2024] FWC 1906

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

CSL Limited T/A Seqirus

(B2024/917)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JULY 2024

Proposed protected action ballot of employees of CSL Limited trading as Seqirus

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 CSL Limited trading as Seqirus (Seqirus or Employer).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the United Workers’ Union (UWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 19 July 2024, the Commission was advised that the Employer, in effect, 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 James Nyks, 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 Seqirus, 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 9 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777195.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives 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] Respectively, B2024/916, B2024/918 and B2024/919.

[2] 'The Commission proposed for the ballot to close on this date for all related matters. This date is, in effect, 14 working days after the making of the Order. The CEPU, on behalf of the Applicants in each related matter, confirmed that each Applicant was content with the Commission's proposal. No objections were raised by the Respondent.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Community and Public Sector Union (CPSU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of CSL Limited trading as Seqirus. The CPSU sought the order to ballot its members regarding a proposed enterprise agreement. The application was made in the context of similar applications by other unions for the same proposed agreement. The employer, Seqirus, indicated that it did not object to the application. The Commission decided to determine the matter on the papers without holding a hearing.

The legal issues before the Commission were whether the CPSU had met the requirements of section 443 of the Fair Work Act, including demonstrating a notification period and proving that it had genuinely attempted to reach an agreement with Seqirus. The Commission examined the declaration provided by James Nyks, an Industrial Officer for the CPSU, which detailed the steps taken during the bargaining process and affirmed the union's genuine efforts to negotiate. Additionally, the Commission had to determine an appropriate closing date for the ballot, ensuring it complied with the legislative timeframes.

The Commission concluded that the CPSU had satisfied all the requirements under section 443 of the Fair Work Act. It noted that the CPSU had been genuinely trying to reach an agreement with Seqirus and had provided sufficient evidence of its bargaining efforts. The Commission authorised TrueVote Pty Ltd as the ballot agent and set the closing date for the ballot as 9 August 2024, ensuring it aligned with the statutory timeframes and other related matters. The matter was to be assigned to another Member of the Commission for a compulsory conciliation conference, which would involve all bargaining representatives to facilitate further negotiations.

In light of the determination, the Commission issued an order for the ballot to proceed, with the closing date set as specified. This order also established the ballot period for the purposes of section 448A(2) of the Act. The Commission made separate orders to require the attendance of all bargaining representatives at the conciliation conference and directed them to be prepared for meaningful negotiations. The final orders were issued to ensure the process continued in an orderly and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established