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

[2022] FWC 1894

[2022] FWC 1894

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

(B2022/699)

DEPUTY PRESIDENT CLANCY MELBOURNE, 20 JULY 2022

Proposed protected action ballot of employees of Hydro-Electric Corporation T/A Hydro Tasmania.

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 Hydro-Electric Corporation T/A Hydro Tasmania (the Respondent).

1. On 19 July 2022, my Associate was advised that the Respondent raised concerns regarding the proposed questions in the draft order. I determined a Mention should be conducted, during which I discussed this matter with the parties and others subsequently raised.

1. With the Mention having resolved the various matters raised by the parties, I have proceeded to determine the matter on the papers, it not being necessary to conduct a hearing.

1. On the basis of the material before me, including the declaration of Mr Christopher John Clark 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.

1. An order has been separately issued in PR743950.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR743949>