CPSU, the Community and Public Sector Union v The Commonwealth of Australia as represented by the Australian Federal Police

[2024] FWC 1006

[2024] FWC 1006

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

The Commonwealth of Australia as represented by the Australian Federal Police

(B2024/439)

DEPUTY PRESIDENT WRIGHT SYDNEY, 16 APRIL 2024

Proposed protected action ballot order of employees of the Commonwealth of Australia as represented by the Australian Federal Police

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 of Australia as represented by the Australian Federal Police (AFP or Employer).

1. On 16 April 2024, the Commission was advised that the Employer did not object to the Application as amended to deal with certain concerns associated with the conduct of the proposed ballot given the particular circumstances of this matter. These concerns have been addressed and are reflected in the details of the final Order and the arrangements made for the conduct of the ballot.

1. 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 Sarah Spivak, Industrial Officer, CPSU 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 the AFP, 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. The ballot is to be conducted by an eligible protected action ballot agent approved pursuant to s.468A of the Act, and named in the formal Order, and consequently is authorised to conduct the ballot. For reasons outlined below, the ballot agent has been identified as “BA” in the public version of the Order.

1. An Order has been separately issued in PR773583.

1. Given the unique circumstances of this matter, a confidentiality term has been included in the Order. As a result, the Order has been published in a partially modified form with the full formal Order provided directly to the parties and the ballot agent.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for 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

Printed by authority of the Commonwealth Government Printer

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