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

[2018] FWC 3313

[2018] FWC 3313

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

Barwon Asset Solutions Pty Ltd

(B2018/452)

Deputy President Gostencnik MELBOURNE, 6 JUNE 2018

Proposed protected action ballot of employees of Barwon Asset Solutions Pty Ltd.

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

1. On 6 June 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 T Knight 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 PR607882.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR607881>