CPSU, the Community and Public Sector Union v EnergyAustralia NSW Pty Ltd

[2023] FWC 675 Fair Work Commission 2023-01-01

Source

Vice President Catanzariti

Not yet cited by other cases

Applicant: CPSU, the Community and Public Sector Union

Respondent: EnergyAustralia NSW Pty Ltd

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Concept tags · 5

[P]Protected action ballot order [P]Protected industrial action [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Good faith bargaining [S]Declaration

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Shared
[2014] FWCFB 9044 Application by CPSU, the Community and Public Sector Union (090V)	FWC — Full Bench	2014-12-17	3
[2008] AIRCFB 826 Appeal by Australian Education Union	AIRCFB	2008-10-27	3
[2007] AIRCFB 21 Appeal by Australian Electoral Commission	AIRCFB	2007-01-10	3
[2016] FWC 1600 Application by CPSU, the Community and Public Sector Union	FWC	2016-01-01	3
[2016] FWC 3436 Application by CPSU, the Community and Public Sector Union	FWC	2016-01-01	3
[2011] FWA 5951 Application by CPSU, the Community and Public Sector Union (090V)	FWC	2011-09-01	3
[2018] FWC 2340 CPSU, the Community and Public Sector Union v The Commonwealth of Australia...	FWC	2018-01-01	3
[2019] FWC 933 CPSU, the Community and Public Sector Union v Seven Network Operations...	FWC	2019-01-01	3
[2019] FWC 1022 United Firefighters’ Union of Australia v The Head of Service of the ACT...	FWC	2019-01-01	3
[2019] FWC 1116 United Firefighters' Union of Australia v The Head of Service of the ACT...	FWC	2019-01-01	3

Archived text (230 words)

1 Fair Work Act 2009 s.437—Protected action CPSU, the Community and Public Sector Union v EnergyAustralia NSW Pty Ltd (B2023/259) VICE PRESIDENT CATANZARITI SYDNEY, 21 MARCH 2023 Proposed protected action ballot of employees of EnergyAustralia NSW Pty Ltd [1] This is an application by the CPSU, the Community and Public Sector Union (SPSF Group) New South Wales Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of EnergyAustralia NSW Pty Ltd (Respondent). [2] On 21 March 2023, the Fair Work Commission was advised that the Respondent did not oppose the application. [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 statutory declaration of Ian Braithwaite of the Applicant declared on 20 March 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met. [5] An Order has been separately issued in PR760467. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 675 DECISION [2023] FWC 675 2 <PR760468>