Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Allen & O'Brien Pty Ltd T/A O'Brien Electrical Services

[2015] FWC 7495

[2015] FWC 7495

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
Allen & O'Brien Pty Ltd T/A O'Brien Electrical Services
(B2015/1473)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 OCTOBER 2015

Proposed protected action ballot of employees of Allen & O'Brien Pty Ltd T/A O'Brien Electrical Services.

[1] This is an application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Allen & O’Brien Pty Ltd T/A O’Brien Electrical Services (the Respondent).

[2] On 20 October 2015, my associate was advised that the Respondent did object to the application.

[3] The application was listed for Directions Hearing before me on 27 October 2015.

[4] At the Directions Hearing on 27 October 2015, I made directions and the application was listed for hearing on 4 November 2015.

[5] On 29 October 2015, in accordance with the directions, the Applicant filed and served an Outline of Submissions and a further statutory declaration of Ms L Weber of the Applicant.

[6] Subsequently, on 29 October 2015 my associate was advised that the Respondent withdrew its objection to the application.

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

[8] On the basis of the material before me, including the statutory declaration of Ms L Weber 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.

[9] An order has been separately issued in PR573471.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573473>