Fair Work Act 2009_

s.437 - Protected action

Commonwealth of Australia (acting through and represented by the Department of Defence)

Proposed protected action ballot of employees of the Commonwealth of Australia (acting through and represented by the Department of Defence).

[1] On 3 March 2015, the CPSU, the Community and Public Sector Union, made an application, pursuant to s.437 of the Fair Work Act 2009 ("the Act"), for an order concerning a proposed protected action ballot of certain employees of the Commonwealth of Australia (acting through and represented by the Department of Defence) ("the Department").

[2] The Department initially raised a number of concerns about the application. The parties submitted it was appropriate, for practicability-related reasons, to defer the hearing of the application for a number of days so as to allow further discussions; and I acceded to that consent deferral application. Consequent upon discussions in the ensuing period, the CPSU and the Department reached agreement concerning amendments to the proposed order and directions - including the questions to be put and the extension of certain periods of notice. In particular, the documentation was further revised by agreement to take account of matters including security issues which, it was common ground, were self-evidently peculiar to employees of this particular department. The CPSU and the Department also each gave certain formal undertakings in the proceedings, again in an agreed form.

[3] There was, in the end, no issue about the proposed appointment of RMK Investments Pty Limited trading as Australian Election Company as the protected action ballot agent and I was satisfied, pursuant to s.444 of the Act, as to the appointment of this agent as an alternative to the Australian Electoral Commission. Richard Kidd of the Australian Election Company confirmed the atypical directions were capable of compliance by the Australian Electoral Company, and would, of course, be the subject of compliance.

[4] Given the matters put forward by agreement following the discussions between the parties, the Department submitted the application was not opposed.

[5] On a consideration of the relevant provisions of the Act, the statutory declaration of an industrial officer of the CPSU relied upon in support of the application, the agreed amendments to the proposed order and directions, and the submissions of the parties, I announced my decision on 11 March 2015 I was satisfied as to the relevant statutory requirements having been met and, thereby, that the order must be made.

[6] The solicitors for the Department undertook to lodge with the Commission documentation containing the settled form of the amendments agreed between the CPSU and the Department by 12 March 2015. Having today further reviewed that documentation, the order [PR561905] and directions [PR561906] now issue.

L. Benfell for the CPSU, the Community and Public Sector Union.

T. Pick, solicitor, for the Commonwealth of Australia (acting through and represented by the Department of Defence).

R. Kidd, RMK Investments Pty Limited trading as Australian Election Company.

Printed by authority of the Commonwealth Government Printer

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