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

[2018] FWC 1120

[2018] FWC 1120

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
Alstom Transport Australia Pty Ltd
(B2018/105)

DEPUTY PRESIDENT MASSON MELBOURNE, 21 FEBRUARY 2018

Proposed protected action ballot of employees of Alstom Transport Australia Pty Ltd.

[1] This is an application by the 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 Alstom Transport Australia Pty Ltd who are to be covered by the proposed agreement and are represented by the Applicant.

[2] On 20 February 2018 my associate was advised that the Respondent did not object to the application on the basis of an amendment being made to item 5 of the proposed order. On 21 February 2018, my associate wrote to the Applicant seeking its views with respect to an amendment being made to item 5 of the proposed order. On the same day, the Applicant advised that it consented to the amendment proposed by the Respondent.

[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 Mr Damian King 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.

[5] An order has been separately issued in PR600601.

DEPUTY PRESIDENT

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