Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Boral Australian Gypsum Limited

[2014] FWC 879

[2014] FWC 879

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
Boral Australian Gypsum Limited
(B2014/17)

COMMISSIONER RIORDAN SYDNEY, 5 FEBRUARY 2014

Proposed protected action ballot by employees of Boral Australian Gypsum Limited.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). It seeks a protected action ballot order in relation to certain employees of Boral Australian Gypsum Limited (the Employer) at the Camellia site.

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CEPU filed a statement dated 31 January 2014 made by Mr Bozidar Zaja, CEPU Delegate for Boral Plaster Boards at Camellia.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CEPU, that the CEPU has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[5] An order [547470] based on the draft order provided by the CEPU is issued in conjunction with this decision.

COMMISSIONER

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