[2025] FWC 2379

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, Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch

Hydro-Electric Corporation Trading AS Hydro Tasmania

Proposed protected action ballot of employees of Hydro-Electric Corporation Trading As Hydro Tasmania Proposed protected action ballot of employees of Hydro-Electric Corporation

• [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch (ASU) made under s.437 of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of Hydro-Electric Corporation ( or Employer).

• [2] I note that The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.[1]

• [3] The application, originally filed by CEPU, was amended to include the ASU as a joint applicant. This occurred with the consent of the Employer and pursuant to the Commission's power to amend an application pursuant to s 586 of the Act. The Act contemplates in s.437(1) that two or more bargaining representatives may make a joint application of this kind.

• [4] On 14 August 2025, the Commission was advised that the Employer, in effect, does not object to the Application taking into account:

1. Consent was reached between the parties that a period of 5 working days be specified as to the period of written notice for the purposes of s.414(2)(b) of the Act to be provided by CEPU and ASU to the Employer for the purposes of taking protected industrial action in the form of each of the actions contemplated by the questions to be posed in the ballot.

1. An undertaking as to safety has been provided by CEPU in the form attached in Annexure A. ASU has also confirmed it gives the same undertaking.

• [5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [6] On the basis of the material before me, including the declarations of Chris Clark, State Secretary, CEPU and Luke Crowley, Organiser, ASU setting out the steps taken by the Unions in bargaining with the Employer that they have been, and are, genuinely trying to reach agreement with Hydro Tasmania, 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.

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

• [8] 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 28 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [9] An Order has been separately issued in PR90680.

• [10] This matter will shortly be the subject of a compulsory conciliation conference pursuant to s 448A of the Act. An Order will issue in due course requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference and 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, 10 working days from the making of the Order and was the period sought in the application.

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