1
Fair Work Act 2009
Section 437 - Application for a protected action ballot order
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
v
Electricity Networks Corporation T/A Western Power
(B2021/244)
DEPUTY PRESIDENT ANDERSON ADELAIDE, 12 APRIL 2021
Proposed protected action ballot of employees of Electricity Networks Corporation T/A
Western Power
[1] This decision concerns an application lodged on 8 April 2021 by the Communications,
Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of
Australia (CEPU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act)
for a protected action ballot order in relation to certain employees of Electricity Networks
Corporation T/A Western Power (the Respondent).
[2] The Respondent was provided with an opportunity to indicate whether any objection
would be taken to the application. After initially advising that an amendment was sought and
following discussions between the parties, the Respondent advised that it no longer advanced
its request for that amendment and that it did not oppose the application in the form originally
proposed by the CEPU.
[3] In the circumstances, I have decided to determine the matter on the papers without
holding a hearing.
[4] On the basis of the material before me, including the amended statutory declaration of
Brendan Reeve of the Applicant lodged 9 April 2021, setting out the steps taken by it in
bargaining with the Respondent and confirming that it has been, and is, genuinely trying to
reach agreement with the Respondent, I am satisfied that there is a notification time in relation
to the proposed agreement and that the requirements in section 443(1) of the FW Act have
been met.
[5] The Applicant also sought that a person other than the Australian Electoral
Commission be the ballot agent for the protected action ballot. The person proposed in the
application as the protected action ballot agent is the Australian Election Company. Mr Kidd,
the Principal of the Australian Election Company has provided a statutory declaration setting
out that he would carry out the functions of the protected ballot agent for the Australian
Election Company, and that he has relevant experience in conducting protected action ballots.
[2021] FWC 1944
DECISION
E AUSTRALIA FairWork Commission
[2021] FWC 1944
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[6] I am satisfied on the materials before me that the Australian Election Company is a fit
and proper person to conduct the ballot. I am also satisfied that Mr Kidd and the Australian
Election Company are capable of ensuring the secrecy and security of the votes and of
conducting the ballot expeditiously. The Australian Election Company has agreed to be the
protected action ballot agent and it is bound to comply with the Privacy Act 1998 with respect
to the handling of the information relating to the protected action ballot.
[7] The Australian Election Company is to be the ballot agent for the purposes of this
Order.
[8] I am also satisfied that the Applicant has given notice in accordance with section 440
of the FW Act.
[9] I am further satisfied on the material before me and having regard to the circumstances
of the Respondent and the industry in which it operates, that exceptional circumstances exist
justifying the period of written notice referred to in section 414(2)(b) being longer than three
working days. The period of notice will be five working days. I note that the Applicant
included this extended notice period in the draft Order and this was not opposed by the
Respondent. I agree to an extended period of time in those terms being determined under
section 443(5) of the FW Act.
[10] An order in conformity with the FW Act is being issued in conjunction with this
decision.1
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR728506
1 PR728507
WORK COMMISSION THE SEA
