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

[2015] FWC 929

[2015] FWC 929

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
Gordon McKay Pty Ltd
(B2015/269)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 9 FEBRUARY 2015

Proposed protected action ballot of employees of Gordon McKay Pty Ltd.

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

[2] On 6 February 2015 my associate was advised that the Respondent Company did object to the application.

[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 Wesley Hayes of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s. 443(1) of the Act have been met.

[5] An order has been issued separately in PR560837.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR560845>