and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Co-Operative Bulk Handling Limited

[2018] FWC 4316

[2018] FWC 4316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union;
and
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Co-Operative Bulk Handling Limited
(B2018/538)

COMMISSIONER WILLIAMS PERTH, 23 JULY 2018

Proposed protected action ballot of employees of Co-Operative Bulk Handling Limited.

[1] This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) (collectively, the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Co-Operative Bulk Handling Limited (the Respondent).

[2] On 3 July 2018 the Respondent advised the Commission it opposed the application.

[3] On 6 July 2018 the Commission listed the matter for hearing and issued Directions to the parties. Both parties complied with the Commission’s Directions.

[4] On 23 July 2018 the Respondent advised it wishes to consent to the application in accordance with the amended draft order filed by the Applicants on 19 July 2018.

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

[6] On the basis of the material before me, including the statutory declaration of Mr Alan Lindsay of the AMWU setting out the steps taken by the Applicants in bargaining with the Respondent and that the Applicants have been, and are, 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 s.443(1) of the Act have been met.

[7] An order [PR609206] will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR609209>