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

[2017] FWC 6618

[2017] FWC 6618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 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 - South Australian Divisional Branch
v
Wormald Australia Pty Ltd T/A Wormald
(B2017/1176)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 11 DECEMBER 2017

Proposed protected action ballot of employees of Wormald Australia Pty Ltd

[1] This is an application dated 7 December 2017 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the CEPU) made under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Wormald Australia Pty Ltd T/A Wormald (Wormald).

[2] Wormald was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 Ms Erin Hennessy of the CEPU dated 7 December 2017 setting out the steps taken by it in bargaining with Wormald and confirming that it has been, and is, genuinely trying to reach agreement with Wormald, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the FW Act have been met.

[5] I am also satisfied that the CEPU has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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