Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd

[2019] FWC 5480

[2019] FWC 5480

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
Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd
(B2019/623)

DEPUTY PRESIDENT DEAN SYDNEY, 7 AUGUST 2019

Proposed protected action ballot of employees of nfrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd (collectively, Respondents).

[2] On 7 August 2019, the Fair Work Commission was advised that the Respondents 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 Stuart Elliot of the CEPU declared on 2 August 2019, setting out the steps taken by them in bargaining with the Respondents and that they have been, and are, genuinely trying to reach agreement with the Respondents, 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 PR711090.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR711089>