Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Crown Melbourne Limited

[2012] FWA 6486

[2012] FWA 6486

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Crown Melbourne Limited
(B2012/1434)

COMMISSIONER GAY MELBOURNE, 3 AUGUST 2012

Proposed protected action ballot by employees of Crown Melbourne Limited.

[1] This is an application 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 - Electrical, Energy and Service Division (the Union) for a protected action ballot order in relation to certain employees of Crown Melbourne Limited (the Respondent).

[2] On 31 July 2012 the Union provided a Statutory Declaration by Mr H Worthing setting out, in part, “...The Union has been genuinely trying to reach agreement with Crown.”

[3] By email on 31 July 2012 Mr J Troost of the Respondent confirmed that “Crown Melbourne Limited does not object to the granting of the order and that the parties have been negotiating in good faith towards an enterprise agreement”.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR527343] based on the draft order provided by the Union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR527342>