Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Coates Hire Operations Pty Limited T/A Coates Hire Ltd

[2018] FWC 1090

[2018] FWC 1090

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
Coates Hire Operations Pty Limited T/A Coates Hire Ltd
(B2018/106)

DEPUTY PRESIDENT GOSTENCNIK PERTH, 20 FEBRUARY 2018

Proposed protected action ballot by employees of Coates Hire Operations 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 Coates Hire Operations Pty Limited (Respondent).

[2] On 19 February 2018 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr D Timmers 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.

[5] An order has been separately issued in PR600555.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR600554>