Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Hydro-Electric Corporation T/A Hydro Tasmania

[2014] FWC 377

[2014] FWC 377

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
Hydro-Electric Corporation T/A Hydro Tasmania
(B2013/1576)

COMMISSIONER GREGORY MELBOURNE, 20 JANUARY 2014

Proposed protected action ballot by employees of Hydro-Electric Corporation trading as Hydro Tasmania.

[1] On 18 December 2013 I made a Protected Action Ballot Order following an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The application was not opposed by the Employer, the Hydro-Electric Corporation trading as Hydro Tasmania.

[2] Both the CEPU and the Australian Electoral Commission have subsequently advised that the 21 day period provided for in the Order in which to conduct the ballot provides insufficient time to complete that exercise. This is partly due to leave taken during the Christmas/New Year period, and the diverse range of locations at which the Employer’s business is situated.

[3] A further application has subsequently been received from the CEPU to extend the date by which voting in the ballot is to close from a period of 21 days from the date of the original Order to a period of 31 days. The application is not opposed by the Employer.

[4] Section 447 of the Fair Work Act 2009 enables an Applicant for a Protected Action Ballot Order to apply to the Commission to vary a ballot Order that has already been made. I am satisfied that an application has been made in accordance with this section, and that it is appropriate to vary the original Order in the manner sought by the Applicant.

Sub clause 6.1 of the Order dated 18 December 2013 is accordingly varied to provide that the date by which voting in the Protected Action Ballot is to close will be 31 days from the date of that Order, rather than 21 days as stated. A further Order will be issued as a consequence of this decision.

COMMISSIONER

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