[2016] FWC 1654
DECISION
| Fair Work Act 2009 |
| s.437—Protected action |
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(B2016/372)
| COMMISSIONER HUNT | BRISBANE, 16 MARCH 2016 |
Proposed protected action ballot of employees of Tacoma Plumbing & Drainage.
[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act
2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected
action ballot order in relation to certain employees of Tacoma Plumbing & Drainage (the
Employer).
[2] I directed that my Associate write to the parties requesting that the Employer advise
whether it objected to the Commission considering the application and making the protected
action ballot order in the terms of the draft order.
[3] On Wednesday, 16 March 2016, Mr Wayne Smith of Master Plumbers Queensland,
the representative of the Employer, contacted the Commission to confirm that the Employer
did not intend to contest the application based on the statutory requirements.
[4] In the circumstances I have decided to determine the matter on the papers as I am
satisfied it is not necessary to hold a hearing.
[5] The CEPU has filed an affidavit of Mr Gary O'Halloran in support of the application.
Mr Gary O'Halloran is the State Secretary of the CEPU – Plumbing Division, Queensland &
Northern Territory Divisional Branch. Mr Gary O'Halloran is the Branch Official with
responsibility for representing the industrial interests of members employed by the Employer.
[6] I am satisfied that there has been a notification time in relation to the proposed
agreement and that bargaining has commenced. Further, I am satisfied that the requirements
in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order
[PR578044] based on the draft provided by the CEPU will issue at the same time as this
decision.
[2016] FWC 1654
COMMISSIONER
| Printed by authority of the Commonwealth Government Printer |
| <Price code A, PR578040> |
- AGLC
- Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FWC 1654
- Case
- [2016] FWC 1654
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the FWC to decide were whether the statutory requirements for a protected action ballot were satisfied, specifically the notification time and the commencement of bargaining. The CEPU provided an affidavit from Mr. O'Halloran to support their application. The FWC had to verify if these requirements under sections 443(1)(a) and (b) of the Act were fulfilled before making an order.
The FWC concluded that the statutory notification time had elapsed and that bargaining had indeed commenced. Commissioner Hunt was satisfied that the CEPU had met the necessary conditions for the protected action ballot. Therefore, an order based on the draft provided by the CEPU would be issued concurrently with the decision. The FWC found it unnecessary to hold a hearing as the application was straightforward and uncontested by the employer.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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