United Workers' Union v CSBP Limited

[2025] FWC 2812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

CSBP Limited

(B2025/1476)

DEPUTY PRESIDENT BINET

PERTH, 19 SEPTEMBER 2025

Proposed protected action ballot of employees of CSBP Limited

This is an application by the United Workers’ Union (UWU 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 CSBP Limited (CSBP).

I note that the Australian Manufacturing Workers' Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate joint application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 19 September 2025, the Fair Work Commission (FWC) was advised that CSBP, in effect, did not object to the Application.

In the circumstances, it is appropriate to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Darren Roberts, Organiser, setting out the steps taken by the UWU in bargaining with CSBP and that it has been, and is, genuinely trying to reach agreement with CSBP, 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 FW Act have been met.

The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the FW Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the FW Act, the FWC has determined that the date by which voting is to close is 6 October 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

An Order has been separately issued in PR791933.

This matter will be listed for an in person s.448A compulsory conciliation conference. A Notice of Listing will be issued to the parties requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2025/1473.

[2] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers’ Union (UWU) for a protected action ballot order under section 437 of the Fair Work Act 2009. The UWU sought the order in relation to certain employees of CSBP Limited. This application was made concurrently with a separate application by the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The company, CSBP Limited, did not object to the application, and thus the matter was determined on the basis of the material submitted. The primary issue for the Commission was whether the UWU had satisfied the statutory requirements for a ballot, including demonstrating genuine efforts to reach agreement with CSBP.

The Deputy President reviewed the declaration of Darren Roberts, an organiser for the UWU, which outlined the steps taken during the bargaining process and confirmed that the union had genuinely tried to reach an agreement with CSBP. The Commission was satisfied that all conditions under section 443(1) of the Act had been met, including the notification time for the proposed agreement. Additionally, Democratic Outcomes Pty Ltd was approved as a ballot agent under section 468A of the Act, making it eligible to conduct the ballot. The Deputy President set the closing date for voting as 6 October 2025, establishing the ballot period under section 448A(2) of the Act.

The Fair Work Commission issued an Order in the matter, facilitating the ballot process. The decision also scheduled an in-person compulsory conciliation conference under section 448A of the Act, directing all bargaining representatives to attend and engage in meaningful negotiations. This order ensured that the parties would be prepared to negotiate effectively, aiming to resolve the dispute amicably. The Commission's decision was aimed at advancing the bargaining process and ensuring that the rights and interests of both the union and the employer were adequately considered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established