CPSU, the Community and Public Sector Union v Territory Generation

[2022] FWC 2497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

CPSU, the Community and Public Sector Union
v

Territory Generation

(B2022/1374)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 SEPTEMBER 2022

Proposed protected action ballot of employees of Territory Generation

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 Territory Generation (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 PR745962.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in this case, received an application from the Community and Public Sector Union (CPSU), represented by Richard Muffati, seeking a protected action ballot order concerning certain employees of Territory Generation. The application was made under section 437 of the Fair Work Act 2009, focusing on the dispute related to the proposed agreement and the notification time for the ballot. The Respondent, Territory Generation, did not oppose the application, leading to the matter being determined on the papers without a formal hearing. The Commission's task was to assess whether the statutory requirements for the ballot, particularly those outlined in section 443(1) of the Act, had been met.

The legal issues central to the decision involved determining whether the CPSU had genuinely tried to reach an agreement with Territory Generation and whether the statutory notification time had been adhered to. The Commission examined the statutory declaration provided by Richard Muffati, which detailed the steps taken by the CPSU in bargaining with Territory Generation. The declaration also outlined the union's efforts to reach an agreement and the reasons for seeking a ballot. The core legal question was whether these efforts and the timing of the proposed agreement met the legislative requirements necessary to proceed with the ballot.

In evaluating the application, Vice President Catanzariti found that the CPSU had indeed been genuinely trying to reach an agreement with Territory Generation, as evidenced by the steps outlined in Muffati's statutory declaration. Additionally, the Commission was satisfied that the statutory notification time had been appropriately met. Consequently, the Vice President determined that the conditions for issuing a protected action ballot order were fulfilled. The decision was made on 16 September 2022, and the application was granted based on the documentation provided.

An Order was subsequently issued in PR745962, formalising the decision. This order allows the CPSU to proceed with the protected action ballot among the specified employees of Territory Generation, as per the statutory framework provided by the Fair Work Act 2009. This decision highlights the Commission's role in facilitating the processes outlined in the Act, ensuring that unions and employers can pursue their rights and obligations in a regulated manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established