Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v DP World Brisbane Pty Ltd T/A DP World Brisbane

[2019] FWC 2538

[2019] FWC 2538

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
DP World Brisbane Pty Ltd T/A DP World Brisbane
(B2019/302)

VICE PRESIDENT CATANZARITI SYDNEY, 12 APRIL 2019

Proposed protected action ballot of employees of DP World Brisbane 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of DP World Brisbane Pty Ltd T/A DP World Brisbane Pty Ltd (Respondent).

[2] On 12 April 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Garry Rogers of the Applicant declared on 11 April 2019, setting out the steps taken by them in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR706921.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR706922>