Victorian Ambulance Union Incorporated, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Firefighters' Union of Australia, United Workers'...

[2023] FWC 3116

[2023] FWC 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Victorian Ambulance Union Incorporated, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Firefighters’ Union of Australia, United Workers’ Union
v

Emergency Services Telecommunications Authority T/A ESTA

(B2023/1297)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 NOVEMBER 2023

Proposed protected action ballot of employees of ESTA - Emergency Services Telecommunications Authority

1. This is an application by the Victorian Ambulance Union Incorporated (VAU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) , United Firefighters’ Union of Australia (UFU), United Workers’ Union (UWU) (or collectively, the Unions) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Emergency Services Telecommunications Authority T/A ESTA (ESTA or Employer). 

1. The Act contemplates in s.437(1) that two or more bargaining representatives may make a joint application of this kind.

1. On 28 November 2023, the Commission was advised that ESTA did not, in effect, 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 declarations of Ms Susan Riley, CEPU Senior Industrial Officer, Mr Jeremy Murphy, UFU Senior Industrial Officer, Mr Julien Gibson, UWU Organiser and Mr Matthew Coggin, VAU Industrial Officer/Lawyer, setting out the steps taken by the Unions in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with ESTA, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. The sequence of clauses 6 to 8 in the proposed order were rearranged to reflect the Commission’s normal practice.

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 12 December 2023.[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 PR768707.

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 involved 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, seven (7) working days from the expected commencement of voting in the ballot, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR768706>