Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Hyne & Son Pty Ltd T/A Hyne Timber

[2019] FWC 6315

[2019] FWC 6315

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
Hyne & Son Pty Ltd T/A Hyne Timber
(B2019/751)

DEPUTY PRESIDENT DEAN SYDNEY, 11 SEPTEMBER 2019

Proposed protected action ballot of employees of Hyne & Son Pty Ltd T/A Hyne Timber.

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

[2] On 11 September 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 Daniel Bessell of the ETU declared on 6 September 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR712273.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712272>