Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Demag Cranes and Components Pty Ltd

[2013] FWC 4721

[2013] FWC 4721

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
Demag Cranes and Components Pty Ltd
(B2013/1033)

COMMISSIONER RYAN MELBOURNE, 15 JULY 2013

Proposed protected action ballot by employees of Demag Cranes and Components Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of Demag Cranes and Components Pty Ltd (the respondent).

[2] My associate received correspondence from the respondent acknowledging that it does not oppose the application.

[3] The CEPU filed a Statutory Declaration detailing how it says it has been and is genuinely trying to reach agreement with the respondent.

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

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538964] has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR538965>