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

[2015] FWC 5830

[2015] FWC 5830

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
Balec Pty Ltd
(B2015/1197)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 24 AUGUST 2015

Proposed protected action ballot of employees of Balec Pty Ltd.

[1] This is an application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) (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 Balec Pty Ltd (the Respondent).

[2] On 20 August 2015 the Respondent notified that it opposed the orders sought by the Applicant and I conducted a mention between the parties later that day. The Respondent accepted that the Applicant has been and is genuinely trying to reach an agreement with it. Its opposition was founded on its desire that a greater period of written notice of protected industrial action be given.

[3] During that mention the parties agreed to file draft orders by 4.00pm on Friday, 21 August 2015. I indicated to the parties that I would issue the ballot orders and also indicated that I was satisfied based on the Respondent’s submission (which was not contested) that there are exceptional circumstances justifying a longer period of written notice in relation to the industrial action which is the subject of the protected action ballot applications. The notice period will be four working days.

[4] On the basis of the uncontested material before me I am satisfied in each case that the Applicant has been, and is, genuinely trying to reach an agreement with the Respondent. I am satisfied that the requirements of s.443(1) of the Act have been met.

[5] The orders have been issued separately in PR571128 on 21 August 2015.

DEPUTY PRESIDENT

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