Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Joy Manufacturing Company Pty Ltd T/A Joy Mining Machinery

[2011] FWA 5084

[2011] FWA 5084

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Joy Manufacturing Company Pty Ltd T/A Joy Mining Machinery
(B2011/3222)

CARGILL, COMMISSIONER SYDNEY, 2 AUGUST 2011

Proposed protected action ballot by employees of Joy Manufacturing Company Pty Ltd t/as Joy Mining Machinery.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of Joy Manufacturing Company Pty Ltd trading as Joy Mining Machinery (the respondent).

[2] My associate was advised by a representative of the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the CEPU had been and was genuinely trying to reach an agreement). The CEPU has provided a Statement addressing the statutory grounds.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR512777] based on the draft order provided by the CEPU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR512776>