[2025] FWC 2118

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

Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd

Proposed protected action ballot of employees of Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd

• [1] This is an application by the Victorian Branch of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Plumbing Division (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 Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd (Comdain or Employers). The Commission understands that Comdain are related employers.

• [2] On 21 July 2025, the Commission was advised that the Employers, in effect, did not object to the Application, if amended to reflect an agreed position on the proposed ballot questions. However, the Employers reserve their rights about issues that might arise in connection with question 7 of the proposed forms of Industrial Action.

• [3] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Nicholas McCubbin, Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Comdain, 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 Australian Electoral Commission (AEC).

• [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 2 September 2025.[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 PR789858.

• [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 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, in effect, 30 working days from the making of the Order, which is the minimum period required by the AEC.

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