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

[2022] FWC 2714

[2022] FWC 2714

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

Dormakaba Australia Pty Ltd

(B2022/1531)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 OCTOBER 2022

Proposed protected action ballot of employees of Dormakaba Australia Pty Ltd.

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 Dormakaba Australia Pty Ltd (the Respondent).

1. The Respondent submitted the proposed protected action ballot order was premature in the bargaining process and there were multiple factual inaccuracies in the materials filed by the Applicant. However, it indicated that it did not intend to file any further materials in support of its objection. I offered the Respondent a further opportunity to outline a statutory basis that would support the rejection of the application but no further material was provided and nor did it request to be heard in addition to the correspondence it had sent to my Chambers outlining its position.

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 Stewart Edward  of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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 PR746669.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR746668>