CPSU, the Community and Public Sector Union v Power and Water Corporation Summary

[2022] FWC 2500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Power and Water Corporation

(B2022/1375)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 SEPTEMBER 2022

Proposed protected action ballot of employees of Power and Water Corporation

This is an application by the CPSU, the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Power and Water Corporation (Respondent).

On 16 September 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Richard Muffati of the Applicant declared on 13 September 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR745969.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Community and Public Sector Union (CPSU) for a protected action ballot order concerning employees of the Power and Water Corporation. The matter was brought under section 437 of the Fair Work Act 2009, seeking authorisation for a ballot in anticipation of protected action, typically a strike or lockout. The CPSU argued that it had fulfilled the statutory requirements for such a ballot, including demonstrating genuine attempts to negotiate with the employer.

The primary legal issue before the Commission was whether the CPSU had satisfied the conditions set out in section 437 of the Act for initiating a protected action ballot. This involved confirming that the union had genuinely attempted to reach an agreement with the employer and that the statutory notification period had been met. The Commission was also required to assess the evidence provided by the CPSU to determine if the union's claims were substantiated.

After reviewing the material submitted, including a statutory declaration from Richard Muffati of the CPSU, the Commission found that the union had indeed been genuinely trying to negotiate with the Power and Water Corporation. The declaration outlined the steps taken in the bargaining process, and the Commission was satisfied that the statutory notification period had been observed. Given that the Power and Water Corporation did not oppose the application, the Commission decided to proceed with the determination without a hearing. Consequently, the Commission granted the application and issued an order permitting the proposed protected action ballot.

CPSU, the Community and Public Sector Union v Power and Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established