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

[2021] FWC 5523

[2021] FWC 5523

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
Firesafe Systems Pty Ltd
(B2021/739)

DEPUTY PRESIDENT BEAUMONT PERTH, 6 SEPTEMBER 2021

Proposed protected action ballot of employees of Firesafe Systems Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Western Australia) (CEPU) (the Applicant) made under s 437 of the Fair Work Act 2009 (Cth) (the Act) for a protected action ballot order in relation to certain employees of Firesafe Systems Pty Ltd (the Respondent).

[2] Chambers was advised that the Respondent did not object to the proposed order but that it sought a notice period of more than three working days before any protected industrial action was commenced, based on there being ‘exceptional circumstances’ for the purposes of s 443(5). However, after conferral between the parties, the Respondent no longer sought to press its objection.

[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 Mr Brian Bintley of the Applicant, I am satisfied that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent during the bargaining process. Furthermore, 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 PR733559.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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