Mining and Energy Union v Origin Energy Eraring Services Pty Limited

[2024] FWC 3543

[2024] FWC 3543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mining and Energy Union
v

Origin Energy Eraring Services Pty Limited

(B2024/1650)

DEPUTY PRESIDENT WRIGHT SYDNEY, 19 DECEMBER 2024

Proposed protected action ballot of employees of Origin Energy Eraring Services Pty 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 Origin Energy Eraring Services Pty Limited (Origin Energy Eraring or Employer).

1. On 18 December 2024, the Commission was advised that the Employer objected to the Application and proposed orders in their current form. In the circumstances, I listed the matter for hearing on 20 December 2024.

1. On 19 December 2024, the MEU advised my Chambers that the MEU and the Employer had reached agreement on the terms of an amended order. I therefore vacated the hearing and have decided to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Matthew Howard, District Vice President of the MEU Northern Mining and NSW Energy District Branch, 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 Origin Energy Eraring, 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. Based on the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days.  Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 5 working days for all industrial action specified in the Order.

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 5 February 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR782664

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 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] This is, in effect, 30 working days from the making of the Order which was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

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