United Workers' Union v CSL Limited T/A Seqirus

[2024] FWC 1908

[2024] FWC 1908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers’ Union
v

CSL Limited T/A Seqirus

(B2024/919)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 JULY 2024

Proposed protected action ballot of employees of CSL Limited trading as Seqirus

1. 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 CSL Limited trading as Seqirus (Seqirus or Employer).

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

1. On 19 July 2024, the Commission was advised that the Employer, in effect, 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 Evalyn Clow, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Seqirus, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 9 August 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 PR777200.

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 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] Respectively, B2024/916, B2024/917 and B2024/918.

[2] 'The Commission proposed for the ballot to close on this date for all related matters. This date is, in effect, 14 working days after the making of the Order. The CEPU, on behalf of the Applicants in each related matter, confirmed that each Applicant was content with the Commission's proposal. No objections were raised by the Respondent.

Printed by authority of the Commonwealth Government Printer

<PR777201>