[2025] FWC 2051

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 Otis Elevator Company Pty Ltd

• [1] This decision concerns an application made on 14 July 2025 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 (the Act) for a protected action ballot order in relation to certain employees of Otis Elevator Company Pty Ltd (Otis or Employer).

• [2] I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

• [3] After discussion with the Applicant, Otis dropped its initial objection to the application. On 16 July 2025, the CEPU advised the Fair Work Commission (the Commission) that it agreed to remove item 5 from its proposed ballot questions, and was providing the following undertaking:

'In any and all circumstances, employees will remain available for entrapment release and emergency call outs for aged care and health care facilities'.

• [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 Gabriel Brinduse, Organiser, 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 Otis, 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 Australian Electoral Commission (AEC).

• [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 27 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR789694.

• [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 matter. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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.

[2] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

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