1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Operations and Maintenance Pty Ltd T/A UGL (B2023/733) COMMISSIONER LIM PERTH, 26 JULY 2023 Proposed protected action ballot of employees of UGL Operations and Maintenance Pty Ltd Trading As UGL [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 the Respondent, UGL Operations and Maintenance Pty Ltd (UGL or Employer). [2] On 24 July 2023, the Commission was advised that the Respondent objected to: a) the Form F34 on the basis that it was submitted unsigned; b) ballot questions 11 and 12 contained in the Draft Order; and c) the amount of employee information requested for the conduct of the ballot. Hearing [3] A hearing was conducted on 25 July 2023. Prior to the hearing, the CEPU filed an amended signed Form F34 which addressed UGL’s first objection. [4] At the hearing, a short adjournment was granted to allow the parties to engage in private conference discussions. As a result of the conference, the parties reached a consensus position on amendments to the Draft Order and the Employer withdrew their remaining objections. [5] The CEPU provided the declaration of Mr Simon Brezovnik which set out: a) the notification time for the proposed enterprise agreement is 17 May 2023; b) the steps taken by the CEPU in bargaining with UGL since the notification time; and [2023] FWC 1797 DECISION [2023] FWC 1797 2 c) that the CEPU has been, and is, genuinely trying to reach agreement with UGL. [6] This evidence was unchallenged by UGL. [7] Accordingly, 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. [8] The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act1 and consequently is authorised to conduct the ballot. [9] For the purposes of s 443(3)(c) and s 448A(2) of the Act, I have determined that the ballot period will be ten (10) working days from the date of the Order (26 July 2023). [10] An order has been separately issued in PR64470. [11] Upon issuing a protected action ballot order the Commission is required by s 448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference. COMMISSIONER Appearances: Mr James Fox for the CEPU Mr Geoff Weaver for UGL Operations and Maintenance Pty Ltd Hearing details: 2023. Perth 25 July. Printed by authority of the Commonwealth Government Printer [2023] FWC 1797 3 <PR764471> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400