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Fair Work Act 2009
s.437—Protected action
CPSU, the Community and Public Sector Union
v
Commonwealth of Australia (acting through and represented by the
Department of Defence)
(B2015/340)
COMMISSIONER MCKENNA SYDNEY, 12 MARCH 2015
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
[2015] FWC 1700
DECISION
AUSTRALIA FairWork Commission
[2015] FWC 1700
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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.
COMMISSIONER
Appearances:
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.
Hearing details:
2015.
Sydney;
March 5, 11.
Printed by authority of the Commonwealth Government Printer
Price code A, PR561904
