Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2009] FWA 291
•21 SEPTEMBER 2009
[2009] FWA 291 |
|
REASONS FOR DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
(B2009/10481)
Public transport industry | |
COMMISSIONER LEWIN | MELBOURNE, 21 SEPTEMBER 2009 |
Proposed protected action ballot by employees of TransAdelaide.
[1] This matter concerns an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for an Order pursuant to s.447 of the Fair Work Act 2009 (the Act) for a protected action ballot to be conducted by the Australian Electoral Commission, and put to the persons employed by TransAdelaide who are members of the CEPU.
[2] On receipt of the application, it became apparent that TransAdelaide would object to the issue of an Order in the terms of the Draft Order filed in the Tribunal attached to the CEPU’s application, on the grounds that the CEPU had not made genuine attempts to reach an agreement.
[3] Both parties were directed to file materials with the Tribunal by 5.00 pm on 25 August 2009. The matter was listed for hearing, by video link, at 10.00 am EST on Thursday 27 August 2009. The Hearing was adjourned and parties subsequently submitted a joint Amended Draft Order in chambers on the same day.
[4] An Order was issued in the terms of the Amended Draft Order on 28 August 2009. On what was before me I was satisfied that the statutory requirements for the making of a protected action ballot order had been met and that an order should be issued in accordance with the statutory direction prescribed by s.443(1) of the Act. In particular I was satisfied that there was no basis for an affirmative conclusion to the effect that the CEPU was not making genuine attempts to reach agreement in relation to the content of a proposed collective agreement.
[5] The Order specified the matters required by s.443(1) of the Act. A copy of the Order was provided to the applicant, to the respondent, and the ballot agent in accordance with s.445 of the Act.
COMMISSIONER
Appearances:
Mr S Pisoni, Mr J Wilder and Mr R Donnelley for the CEPU.
Mr I Colgrave, of counsel and Mr R Moritz for TranAdelaide.
Hearing details:
2009
27 August
Via video link with the Commissioner sitting in Sydney and the parties sitting in Adelaide.
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