Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Engie Fire Protection Pty Limited

[2019] FWC 6841

[2019] FWC 6841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

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

v

Engie Fire Protection Pty Limited

(B2019/1153)

Deputy President Lake BRISBANE, 4 OCTOBER 2019

Proposed protected action ballot of employees of Engie Fire Protection Pty Limited.

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Engie Fire Protection Pty Limited (the Respondent).

1. On 3 October 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing. The Respondent did not object to this course of action.

1. On the basis of the material before me, including the statutory declaration of Beau Malone of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 [PR712996].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712997>