Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v

[2023] FWC 96

[2023] FWC 96

The attached document replaces the document previously issued with the above code on 13 January 2023.

All references to “T/A Comdain Infrastructure” are deleted.

Associate to Deputy President Clancy

17 January 2023

[2023] FWC 96

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
v

Comdain Gas (Aust) Pty Ltd
Comdain Services Pty Ltd
(B2023/25)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 JANUARY 2023

Proposed protected action ballot of employees of Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd.

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 Comdain Gas (Aust) Pty Ltd and Comdain Services Pty Ltd (Respondent).

1. On 13 of January 2023 my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the declaration of Mr Nicholas McCubbin 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.

1. An order has been separately issued in PR749637.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749636>