The Community and Public Sector Union v Commonwealth of Australia (Represented by the Fair Work Ombudsman)

[2023] FWC 2512

[2023] FWC 2512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Community and Public Sector Union
v

Commonwealth of Australia (Represented by the Fair Work Ombudsman)

(B2023/1031)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 29 SEPTEMBER 2023

Proposed protected action ballot of employees of Commonwealth of Australia (Represented by the Fair Work Ombudsman)

1. This is an application by 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 Commonwealth of Australia (Represented by the Fair Work Ombudsman) (FWO or Employer). 

1. On 29 September 2023, the Commission was advised that FWO did not object to the application as amended.[1]

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 Ms Rebecca Fawcett, Legal Director of the CPSU, relying on the Witness Statement of Ms D’arcy Horam 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 FWO, 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 Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

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 23 October 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766683.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] Amendments were made to align the ‘group of employees to be balloted’ across the application and draft order.

[2] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.

[3] This is, in effect, fifteen (15) working days from the date of effect of the Order as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR766682>