1
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
v
Nilsen (NSW) Pty. Ltd.
(B2023/725)
DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 JULY 2023
Proposed protected action ballot of employees of Nilsen (NSW) Pty. Ltd.
[1] This is an application by the Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under
s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain
employees of the Respondent, Nilsen NSW Pty. Ltd. (Nilsen or Employer).
[2] On 20 July 2023, the Commission was advised that Nilsen did not object to the
Application.
[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 declaration of Mr Frederick Barbin,
NSW Branch Secretary for the CEPU, 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 Nilsen,
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 the Democratic Outcomes Pty Ltd T/A CiVS (CiVS).
CiVS has recently been approved as an eligible protected action ballot agent under s 468A of
the Act1 and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c)
and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order
(21 July 2023) has been approved by the Commission.
[6] An order has been separately issued in PR764414.
[7] This matter will be assigned to another Member of the Commission to conduct the
s.448A conference and this Member will issue the Order requiring attendance 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.
[2023] FWC 1769 [Note: An appeal pursuant to s.604 (C2023/4319) was
lodged against this decision.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr764414.pdf
[2023] FWC 1769
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR764415
1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
THE THE SEAL OF WORK COMMISSION
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwc1400.pdf
