Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Qld and NT Branch v Hyne & Son Pty Ltd T/A Hyne Timber

[2019] FWC 3954

[2019] FWC 3954

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, QLD and NT Branch
v
Hyne & Son Pty Ltd T/A Hyne Timber
(B2019/447)

DEPUTY PRESIDENT DEAN SYDNEY, 6 JUNE 2019

Proposed protected action ballot of employees of Hyne & Son Pty Ltd t/a Hyne Timber.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, QLD and NT Branch (ETU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Hyne & Son Pty Ltd t/a Hyne Timber (Respondent).

[2] On 6 June 2019, the Fair Work 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 statutory declaration of Daniel Bessell of the ETU declared on 5 June 2019, 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 PR709126.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709125>