Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

[2022] FWC 2160

[2022] FWC 2160

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

Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

(B2022/1224)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 AUGUST 2022

Proposed protected action ballot of employees of Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting

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 Citywide Utilities Pty Ltd trading as Frontline Electrical Contracting (the Respondent).

1. On 15 August 2022, my Associate was advised by the Respondent’s representatives that the Respondent objected to one of the proposed questions relating to industrial action in the draft order accompanying the application but did not otherwise oppose the application. The Applicant subsequently withdrew the question in issue.

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

1. On the basis of the material before me, including the declaration of Mr Chris Clark 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 PR744797.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744796>