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

[2018] FWC 2693

[2018] FWC 2693

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

(B2018/335)

Deputy President Asbury BRISBANE, 14 MAY 2018

Proposed protected action ballot by employees of WH Heck & Sons 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 WH Heck & Sons Pty Ltd T/A Rocky Points Sugar Mill (the Employer).

1. On 9 May 2018 correspondence was received from the Employer advising that it while it does not consent to the application, it does not oppose it. The Employer also sought clarification from the CEPU that the application would cover only members of the CEPU.

1. Correspondence was subsequently received from the CEPU confirming the application relates to only members of the CEPU, and requesting the matter be determined on the basis of the filed material. The Employer agreed that the matter could be determined on that basis.

1. On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Beau Malone, Union Organiser, 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 [PR607063] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR607062>