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

[2018] FWC 6610

[2018] FWC 6610

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

APEX Electrical Pty Ltd T/A APEX Electrical Pty Ltd

(B2018/985)

Deputy President Gostencnik MELBOURNE, 26 OCTOBER 2018

Proposed protected action ballot of employees of Apex Electrical 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 APEX Electrical Pty Ltd (Respondent).

1. On 26 October 2018, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the statutory declaration of Mr A Stegic 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 PR701775.

DEPUTY PRESIDENT

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