Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Plumbing Division Queensland Divisional Branch v Mater Misericordiae Limited

[2021] FWC 782

[2021] FWC 782

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 – Plumbing Division Queensland Divisional Branch
v
Mater Misericordiae Limited
(B2021/77)

DEPUTY PRESIDENT DEAN SYDNEY, 15 FEBRUARY 2021

Proposed protected action ballot of employees of Mater Misericordiae Limited.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division Queensland Divisional Branch (CEPU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Mater Misericordiae Limited (Respondent).

[2] On 15 February 2021, the Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the declaration of Michael Wiech of the CEPU made on 10 February 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR726975.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR726974>