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

[2016] FWC 8695

[2016] FWC 8695

The attached document replaces the document previously issued with the above code on 5 December 2016.

Paragraph [3] amended.

Nahum Moreau

Associate to Commissioner Hunt

Dated 6 December 2016.

[2016] FWC 8695

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
(B2016/1269)

COMMISSIONER HUNT BRISBANE, 5 DECEMBER 2016

Proposed protected action ballot of employees of Bundaberg Brewed Drinks Pty Ltd.

[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 Bundaberg Brewed Drinks Pty Ltd (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Fair Work Commission (the Commission) considering the application and making the protected action ballot order in the terms of the draft order. The Employer was advised that if no response was received by 4:00pm on Friday, 2 December 2016, the Commission would consider that the Employer does not wish to be heard and that the application would be considered on the basis of the material that has been filed.

[3] The Employer advised by telephone that it did not oppose the application.

[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 Daniel Bessell, Organiser for the CEPU, in support of the application. As part of his duties as an Organiser, Mr Bessell has 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 [PR588185] based largely on the draft provided by the CEPU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR588184>