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

[2018] FWC 865

[2018] FWC 865

FAIR WORK COMMISSION

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

(B2018/80)

COMMISSIONER HUNT BRISBANE, 8 FEBRUARY 2018

Proposed protected action ballot of employees of Central SEQ Distributor - Retailer Authority T/A Queensland Urban Utilities.

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 Central SEQ Distributor-Retailer Authority T/A Queensland Urban (the Employer).

1. On 8 February 2018, I granted leave for the CEPU to file an amended application in response to an objection raised by the Employer.  The Employer subsequently advised the Commission that it did not object to the application.

1. 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.

1. The CEPU has filed an affidavit of Mr Michael Wiech, Assistant State Secretary in support of the application.  

1. On the basis of the material before me, 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 [PR600265] based largely on the draft provided by the CEPU will issue at the same time as this Decision.

COMMISSIONER

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