Mining and Energy Union v CS Energy Limited T/A CS Energy

[2024] FWC 1099

[2024] FWC 1099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mining and Energy Union
v

CS Energy Limited T/A CS Energy

(B2024/487)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 26 APRIL 2024

Proposed protected action ballot of employees of CS Energy Limited

1. This is an application by the Mining and Energy Union (MEU 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 CS Energy Limited (CS Energy or Employer).

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

1. On 26 April 2024, the Commission was advised that the Employer did not object to the Application.

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 Shane Brunker, District Vice President, setting out the steps taken by the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CS Energy, 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 the Australian Electoral Commission (AEC).

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 10 June 2024.[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 PR774281.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of seven (7) working days written notice for the purposes of s.414(2)(b) of the Act when taking the forms of industrial action arising from questions 1, 2, 3, 8, 10, 11, 12, 13 and 14 in clause 5 of the Order made by the Commission. The default period of three working days will apply to the remaining forms of action arising from the ballot questions.

1. 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 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

[1] B2024/477, B2024/480, and B2024/481.

[2] This is, in effect, thirty (30) working days from the date of the Order, as required by the AEC.

Printed by authority of the Commonwealth Government Printer

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