Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical, Energy and Services Division New South Wales Divisional Branch v Exide Australia..

[2017] FWC 3951

[2017] FWC 3951

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 - Electrical, Energy and Services Division - New South Wales Divisional Branch
v
Exide Australia Pty Ltd T/A GNB Industrial Power
(B2017/632)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 28 JULY 2017

Proposed protected action ballot of employees of Exide Australia Pty Ltd T/A GNB Industrial Power.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - New South Wales Divisional Branch (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Exide Australia Pty Ltd T/A GNB Industrial Power (the Respondent).

[2] On 27 July 2017 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr B Lister of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR594906.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR594907>