Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Electrical, Energy and Services Division Tasmanian Divisional Branch v Tyco Australia Pty Ltd..

[2019] FWC 3998

[2019] FWC 3998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Electrical, Energy and Services Division - Tasmanian Divisional Branch
v
Tyco Australia Pty Ltd T/A Wormald
(B2019/452)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 JUNE 2019

Proposed protected action ballot of employees of Tyco Australia Pty Ltd T/A Wormald.

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

[2] On 11 June 2019, 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 Chris Clark 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 PR709177

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709176>