Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ABB Australia Pty Ltd T/A Bob White Electrix

[2014] FWC 7353

[2014] FWC 7353

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
v
ABB Australia Pty Ltd T/A Bob White Electrix
(B2014/1471)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 OCTOBER 2014

Proposed protected action ballot of employees of ABB Australia Pty Ltd T/A Bob White Electrix.

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

[2] On 16 October 2014 my associate was advised that the Respondent Company did 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 Ms Zoe Watkins of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s. 443(1) of the Act have been met.

[5] An order has been issued separately in PR556699.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556711>