Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BCS Infrastructure Support Pty Limited

[2017] FWC 5558

[2017] FWC 5558

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

BCS Infrastructure Support Pty Limited

(B2017/994)

Deputy President Gostencnik MELBOURNE, 25 OCTOBER 2017

Proposed protected action ballot of employees of BCS Infrastructure Support Pty Limited.

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 BCS Infrastructure Support Pty Limited (Respondent).

1. On 20 October 2017, the Respondent advised my chambers that it objected to the application. However, on 25 October 2017 the Respondent withdrew its objection having received further materials in support of the application from the Applicant. 

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 Douglass 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 PR597125.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597124>