[2025] FWC 1910

Fair Work Act 2009

s.437 - Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Proposed protected action ballot of employees of KONE Elevators Pty Ltd

• [1] On 2 July 2025, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application under s.437 of the Fair Work Act 2009 (FW Act) for a protected action ballot order in relation to certain employees of KONE Elevators Pty Ltd (KONE).

• [2] Later in the day on 2 July 2025, the Commission was advised that KONE objected to the application on public health and safety grounds.

• [3] Given KONE's opposition, I listed a hearing via video on 3 July 2025.

• [4] The parties had engaged in further negotiations ahead of the hearing on 3 July 2025, those negotiations then continued during a private conference while the hearing was adjourned.

• [5] The CEPU ultimately agreed to provide commitments to KONE on the record during the hearing. Based on the commitments provided by the CEPU, KONE withdrew its opposition to the application.

• [6] On the basis of the material before me, including the declaration of Jake Sutton (Organiser) setting out the steps taken by the CEPU in bargaining with KONE and that it has been, and is, genuinely trying to reach agreement with KONE, 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 FW Act have been met.

• [7] The ballot is to be conducted by Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the FW Act and consequently is authorised to conduct the ballot.

• [8] For the purposes of s.443(3)(c) of the FW Act, the Commission has determined that the date by which voting is to close is 17 July 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

• [9] An Order has been separately issued in PR788883.

• [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.

[1] This is 10 working days from the making of the Order and was the date sought in the application.

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