Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Otis Elevator Company Pty Ltd
Deputy President Lake
Not yet cited by other cases
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
Respondent: Otis Elevator Company Pty Ltd
Ratio
The applicant union satisfied the requirements under s.443(1) of the Fair Work Act 2009 for a protected action ballot order on the basis that there was a notification time in relation to the proposed agreement and the bargaining process demonstrated genuine attempts to reach agreement. The ballot agent was approved and the voting closure date was set for 21 July 2025.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 7
- Application made by CEPU under s.437 of the Fair Work Act 2009 for a protected action ballot order
- The proposed agreement relates to employees of Otis Elevator Company Pty Ltd
- AMWU made a separate application for a protected action ballot order in relation to the same proposed agreement
- Declaration of Jack Mawson Hargreaves, AMWU Organiser, provided evidence of bargaining steps and genuine attempts to reach agreement
- Ballot to be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved eligible protected action ballot agent
- Voting closure date set for 21 July 2025 (approximately 10 working days from the order)
- Matter determined on the papers without a hearing
Factors
For
- Declaration from AMWU Organiser setting out steps taken in bargaining
- Evidence that the union has been and is genuinely trying to reach agreement with the employer
- Presence of a notification time in relation to the proposed agreement
- All requirements in s.443(1) satisfied
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
- Fair Work Act 2009 (Cth) s.443(3)(c)
- Fair Work Act 2009 (Cth) s.448A
- Fair Work Act 2009 (Cth) s.448A(2)
- Fair Work Act 2009 (Cth) s.468A
Concept tags · 3
Principles · 1
articulates para 4
The requirements of s.443(1) of the Fair Work Act 2009 for a protected action ballot order are satisfied where there is a notification time in relation to the proposed agreement and the union has genuinely tried to reach agreement with the employer during bargaining.
Archived text (373 words)
1 Fair Work Act 2009 s.437—Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Otis Elevator Company Pty Ltd (B2025/1088) DEPUTY PRESIDENT LAKE BRISBANE, 7 JULY 2025 Proposed protected action ballot of employees of Otis Elevator Company Pty Ltd [1] This is an application by the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Otis Elevator Company Pty Ltd (Otis). [2] I note that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.1 [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Jack Mawson Hargreaves, AMWU Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Otis 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. [5] 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. [6] 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 21 July 20252. This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR788962. [2025] FWC 1935 DECISION [2025] FWC 1935 2 [8] I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR788963> 1 B2025/1096 2 This is, in effect, 10 working days from the making of the Order and was the period sought in the application.