Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Keolis Downer Hunter Pty Ltd

[2020] FWC 2820

[2020] FWC 2820

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
Keolis Downer Hunter Pty Ltd
(B2020/292)

DEPUTY PRESIDENT DEAN SYDNEY, 29 MAY 2020

Proposed protected action ballot of employees of Keolis Downer Hunter 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 Keolis Downer Hunter Pty Ltd (Respondent).

[2] On 29 May 2020, 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 Brad McDougall of the CEPU declared on 25 May 2020, 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 PR719761.

DEPUTY PRESIDENT

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