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

[2013] FWC 4675

[2013] FWC 4675

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
GlaxoSmithKline Australia Pty Ltd
(B2013/999)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 16 JULY 2013

Proposed protected action ballot by employees of GlaxoSmithKline Australia Pty Ltd.

[1] The Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) applied pursuant to section 437 of the Fair Work Act 2009 (the Act) for a protected action ballot order. The CEPU sought an order that employees of GlaxoSmithKline Australia Pty Ltd (the Respondent) who are members of the CEPU and who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[2] An application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) 1 for a protected action ballot order in respect of its members employed by the Respondent was heard on 27 June 2013 at the same time as an earlier application by the CEPU.

[3] On 28 June 2013, I issued a protected action ballot order as sought by the AMWU. The CEPU’s early application had been dismissed for technical reasons.

[4] The CEPU filed a subsequent application. Given my decision to issue the AMWU’s order, the CEPU’s application for a bargaining order was not opposed and an order was issued. 2

[5] The reasons for approving the CEPU’s application are those set out in my decision approving the AMWU’s application. 3

DEPUTY PRESIDENT

 1   B2013/162

 2   PR538346

 3   [2013] FWC 4628

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