Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Addelec Power Services Pty Ltd

[2023] FWC 41

[2023] FWC 41

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

Addelec Power Services Pty Ltd

(B2023/9)

DEPUTY PRESIDENT CLANCY MELBOURNE, 9 JANUARY 2023

Proposed protected action ballot of employees of Addelec Power Services Pty Ltd

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

1. On 5 January 2023 my Associate sent an email to the Respondent requiring response, in the case of objection, by 11.00am 6 January 2023. To date, the Respondent has not replied outlining any objection 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 Duff 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 PR749442.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749441>