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

[2019] FWC 6176

[2019] FWC 6176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); United Voice; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
CSBP Limited
(B2019/743)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 5 SEPTEMBER 2019

Proposed protected action ballot of employees of CSBP Limited

[1] This is an application lodged on 3 September 2019 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, United Voice and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicants) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of CSBP Limited (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 Simon Rushworth on behalf the Applicants dated 3 September 2019, setting out the steps taken by them in bargaining with the Respondent and confirming that they have been, and are, 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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