Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Greenleaf Pty Ltd T/A A1 Tree Services

[2020] FWC 1832

[2020] FWC 1832

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
Greenleaf Pty Ltd T/A A1 Tree Services
(B2020/222)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 APRIL 2020

Proposed protected action ballot of employees of Greenleaf Pty Ltd T/A A1 Tree Services.

[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 (Act) for a protected action ballot order in relation to certain employees of Greenleaf Pty Ltd (Respondent).

[2] On 2 April 2020, my Associate was advised that the Respondent objected to the application on the basis that it had been bargaining in good faith and that if industrial action were to be taken it would cause severe financial difficulties for the Respondent and in turn its employees who would lose their jobs if the Respondent’s business were to close. My Associate advised the Applicant that it did not appear that any of the matters raised have a statutory basis for an objection under the Act, and invited the Respondent to provide any further objections. On 6 April 2020, my Associate was advised that the Respondent had no further objections to 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 Ms L Archer 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.

[5] An order has been separately issued in PR718103.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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