United Firefighters' Union of Australia v Country Fire Authority

[2025] FWC 2210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Firefighters' Union of Australia
v

Country Fire Authority

(B2025/1198)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 29 JULY 2025

Proposed protected action ballot of employees of the Country Fire Authority

This is an application by the United Firefighters’ Union of Australia (UFUA 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 Country Fire Authority (CFA or Employer).

On 29 July 2025, the Commission was advised that the Employer, in effect, did not object to 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 declaration of Jeremy Murphy, Senior Industrial Officer, setting out the steps taken by the UFU in bargaining with the Employer, and that it has been, and is, genuinely trying to reach agreement with the CFA, 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.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

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

An Order has been separately issued in PR790132.

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 is the minimum period required by the AEC to conduct the ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Firefighters' Union of Australia has made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of the Country Fire Authority. The application was made with the intent of facilitating a ballot on proposed protected actions. The Country Fire Authority did not object to the application, and the matter was decided on the papers without a hearing. The Deputy President Hampton was tasked with determining the matter.

The legal issues the court had to address involved whether the United Firefighters' Union of Australia had fulfilled all the necessary requirements to hold a protected action ballot. Specifically, the court needed to confirm that the union had genuinely attempted to negotiate with the Country Fire Authority and that there was a notification period for the proposed agreement. The declaration from Jeremy Murphy, Senior Industrial Officer, indicated that the union had indeed been actively trying to reach an agreement with the Country Fire Authority. Additionally, the union had set out the steps taken in the bargaining process, providing evidence of their efforts.

Upon reviewing the evidence, the Deputy President Hampton was satisfied that the union had met all the requirements under section 443(1) of the Act. The court determined that a notification time was in effect and that the union had genuinely tried to reach an agreement with the Country Fire Authority. Consequently, the court granted the application and ordered that the ballot be conducted by the Australian Electoral Commission. The voting for the ballot was to close on 9 September 2025, which was 30 working days from the making of the order, the minimum period required by the Australian Electoral Commission to conduct the ballot. The matter will be assigned to another Member of the Commission for a compulsory conciliation conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established