1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Municipal, Administrative, Clerical and Services Union v Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (B2024/110) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 FEBRUARY 2024 Proposed protected action ballot of employees of Queensland Electricity Transmission Corporation Limited Trading As Powerlink Queensland [1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (Powerlink Queensland or Employer). [2] I note that The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have each made a separate application for a protected action ballot order in relation to the same proposed agreement.1 [3] On 12 February 2024, the Commission was advised that Powerlink Queensland did not, in effect, object to the Application as amended with respect to some of the ballot questions. I note that as part of the understanding reached between the parties, the ASU has given the following undertaking: “The TSU undertakes to ensure that in an emergency situation where there is a risk to personal health or safety or to ensure the safe operation of the network and where no other workers are available, TSU members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof.”. [4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [5] On the basis of the material before me, including the declaration of Benjamin Ellis, Senior Industrial Officer, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Powerlink [2024] FWC 381 DECISION [2024] FWC 381 2 Queensland, 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. [6] 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 Act2 and consequently is authorised to conduct the ballot. [7] 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 4 March 2024.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR771241. [9] 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 (B2024/106 and B2024/111). 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 Printed by authority of the Commonwealth Government Printer <PR771242> 1 B2024/106 and B2024/111. 2 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 3 This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application.