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 Essential Energy (B2024/885) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 JULY 2024 Proposed protected action ballot of employees of Essential Energy [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 Essential Energy (Essential Energy or Employer). [2] On 12 July 2024, the Commission was advised that the Employer, in effect, did not object to the Application following discussion between the parties. The parties communicated a consent position.1 The application has been amended accordingly. [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 Steve Magann, Union Official, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Essential Energy, 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] I observe that the Parties agreed for the Applicant to provide a safety undertaking, which has also been added to the Order. [6] 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. [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 29 July 2024.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [2024] FWC 1835 DECISION [2024] FWC 1835 2 [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. [9] An Order has been separately issued in PR776949. [10] 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 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 <PR776950> 1 The parties agreed to the inclusion of a provision for an extended notice period, as well as an amendment to the safety commitment contained within Clause 5 of the Order. 2 This is, in effect, 10 working days from the making of the Order, as sought in the application.