CPSU, the Community and Public Sector Union v Commonwealth of Australia represented by the Australian Bureau of Statistics

[2024] FWC 1145 Fair Work Commission 2024-01-01

Source

Deputy President Hampton

Not yet cited by other cases

Applicant: CPSU, the Community and Public Sector Union

Respondent: Commonwealth of Australia represented by the Australian Bureau of Statistics

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Concept tags · 8

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Protected action ballot order [P]Protected industrial action [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Good faith bargaining [S]Conciliation and arbitration powers [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	5
[2011] FWA 5951 Application by CPSU, the Community and Public Sector Union (090V)	FWC	2011-09-01	5
[2018] FWC 2340 CPSU, the Community and Public Sector Union v The Commonwealth of Australia...	FWC	2018-01-01	5
[2019] FWC 1022 United Firefighters’ Union of Australia v The Head of Service of the ACT...	FWC	2019-01-01	5
[2020] FWC 1106 Community and Public Sector Union v G4S Custodial Services Pty Ltd	FWC	2020-01-01	5
[2021] FWC 1167 Construction, Forestry, Maritime, Mining and Energy Union v SA Construct Pty Ltd	FWC	2021-01-01	5
[2023] FWC 632 CPSU, the Community and Public Sector Union v Australian Capital Territory	FWC	2023-01-01	5
[2023] FWC 638 CPSU, the Community and Public Sector Union v Australian Capital Territory	FWC	2023-01-01	5
[2023] FWC 2569 Community and Public Sector Union v The Commonwealth of Australia as...	FWC	2023-01-01	5
[2023] FWC 2761 CPSU, the Community and Public Sector Union v Commonwealth Of Australia...	FWC	2023-01-01	5

Archived text (417 words)

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order CPSU, the Community and Public Sector Union v Commonwealth of Australia represented by the Australian Bureau of Statistics (B2024/504) DEPUTY PRESIDENT HAMPTON SYDNEY, 2 MAY 2024 Proposed protected action ballot of employees of the Commonwealth of Australia as represented by the Australian Bureau of Statistics [1] This is an application by the CPSU, the Community and Public Sector Union (CPSU 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 the Proposed protected action ballot of employees of the Commonwealth of Australia as represented by the Australian Bureau of Statistics (ABS or Employer). [2] On 2 May 2024, the Commission was advised that the Employer did not object to 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 declaration of Matthew Wainscott, Industrial Officer, setting out the steps taken by the CPSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the ABS, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 31 May 2024.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR774442. [2024] FWC 1145 DECISION [2024] FWC 1145 2 [8] 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 for 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 <PR774443> 1 This is, in effect, twenty (20) working days from the date of the Order, as sought in the application.