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

[2014] FWC 3716

[2014] FWC 3716

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
Hospira Australia Pty Ltd
(B2014/833)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 JUNE 2014

Proposed protected action ballot by employees of Hospira Australia 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 Hospira Australia Pty Ltd (the Respondent Company).

[2] On 3 June 2014 my associate was advised that the Respondent Company did not press its original objections 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 Ms Catherine Larkins 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. I am also satisfied, and the parties agree, in relation to the proposed industrial action that is the subject of the protected action ballot, that there are exceptional circumstances justifying the period of written notice referred to in paragraph 414 (2)(a) being longer that 3 working days. I propose to fix a period of 7 calendar days notice. Accordingly, I will make an order.

[5] An order has been issued separately in PR551439.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR551453>