Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2016] FWC 233

[2016] FWC 233

DECISION

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

Thales Australia Limited T/A Australian Munitions

(B2016/161)

COMMISSIONER RYAN MELBOURNE, 13 JANUARY 2016

Proposed protected action ballot of employees of Thales Australia Limited trading as

Australian Munitions.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied

Services Union of Australia (CEPU) for a protected action ballot in relation to employees of

Thales Australia Limited T/A Australian Munitions (the Respondent). The application was

made on 11 January 2016.

[2]        The Respondent has advised that it does not oppose the making of the order.

[3]        Section 443(1) of the Act says:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed

enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying

to reach an agreement with the employer of the employees who are to be

balloted.

[4]        The CEPU has demonstrated that it has met the requirements of s.443(1) of the Act in

a Statutory Declaration declared by Mr Damian King, an Official of the CEPU.

[5]        I am satisfied that the requirements of s.443(1) of the Act have been met and that,

accordingly, the Order must be made. I will issue an Order based on the draft order provided

by the CEPU.

COMMISSIONER

[2016] FWC 233

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