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

[2011] FWA 7619

[2011] FWA 7619

FAIR WORK AUSTRALIA

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
(B2011/3823)

Queensland Services, Industrial Union of Employees
(B2011/3825)

Australian Municipal, Administrative, Clerical and Services Union
(B2011/3831)

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(B2011/3841)
v
Energex Limited

COMMISSIONER ASBURY BRISBANE, 4 NOVEMBER 2011

Proposed protected action ballot by employees of Energex Limited.

[1] On 1 November 2011, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Queensland Services, Industrial Union of Employees (QSU) applied under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot Orders. Those applications were in substantially similar terms. On 2 November 2011, the Australian Municipal, Administrative, Clerical and Services Union (ASU) made an application under s.437 of the Act in substantially similar terms. On 3 November 2011, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) also made an application under s.437 of the Act in substantially similar terms to the applications filed by the CEPU, QSU and ASU (collectively referred to hereinafter as the Unions).

[2] The applications sought Orders in relation to employees of Energex Limited.

[3] Directions were issued on 1 November 2011 requiring the Employer to provide a response in writing by 12.00 pm on Wednesday 2 November 2011, advising whether there was an objection to the Orders in the terms sought, and whether it was seeking to have its objections heard by Fair Work Australia. The Unions were directed to file an outline of submissions and statements of evidence from any witnesses in support of the application by 4.00 pm on Wednesday 2 November 2011. The Employer was directed to file an outline of submissions and statements of evidence from any witnesses by 12.00 pm on Thursday 3 November 2011, in the event it elected to object to the making of the Orders.

[4] The Directions also indicated that if there was an objection to the Order being made, the matter would be heard at 9.00am on Friday 4 November 2011 and if there was no objection the application would be determined on the basis of material on the file.

[5] The Unions filed their material in line with the Directions. The material included submissions and statements from the following persons:

● Trevor Gauld, State Organiser, CEPU
● Rebecca Anne Smith, Senior Industrial Officer, QSU
● Kevin Wayne Place, Acting Branch Secretary, ASU
● Scott Stanford, State Organiser, AMWU

[6] The Employer forwarded correspondence on 2 November 2011 stating that it did not object to the Orders being made, and would not seek to have an objection heard.

[7] 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. I am satisfied, on the basis of the submissions and statements filed by the Unions, that the relevant requirements of s.443 and s.437 of the Act have been met. Accordingly, pursuant to s.437, the Orders must be made. Orders based on the drafts provided by the Unions will issue with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR516426>