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

[2013] FWCD 8485

[2013] FWCD 8485

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

v

Fonterra Australia Pty Ltd

(B2013/1352)

COMMISSIONER RYAN MELBOURNE, 28 OCTOBER 2013

Proposed protected action ballot by employees of Fonterra Australia Pty Ltd.

[1]        This is an application for a protected action ballot of members of Communications,

Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of
Australia (CEPU) employed by Fonterra Australia Pty Ltd (the employer).

[2]        Ms Kelli Sullivan, Regional HR Manager for the employer, has advised my chambers

that the employer does not oppose this application.

[3]        The CEPU has filed a Statutory Declaration of Cate Larkins in support of this

application. I am satisfied that the CEPU has demonstrated that it has been and is genuinely
trying to reach an agreement with the employer.

[4]        In the circumstances I have decided to determine the matter on the papers without

holding a hearing.

[5] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been

met and that, accordingly, an order must be made. An order based on the draft order provided

by the CEPU has issued in conjunction with this decision.

COMMISSIONER

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