Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kone Elevators Pty Ltd

[2020] FWC 5155

[2020] FWC 5155

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
KONE Elevators Pty Ltd
(B2020/570); (B2020/571)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 25 SEPTEMBER 2020

Proposed protected action ballots of employees of KONE Elevators Pty Ltd

[1] This decision concerns two applications lodged on 24 September 2020 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU, or the Union) under section 437 of the Fair Work Act 2009 (the FW Act) for protected action ballot orders in relation to certain employees of KONE Elevators Pty Ltd (KONE or the Respondent).

[2] The Union has made two applications as it seeks orders for protected action ballot orders relating to the negotiation of two enterprise agreements that have passed their nominal expiry date: the KONE Installation Employees South Australia Enterprise Agreement 2017 and the KONE Service Employees South Australia Enterprise Agreement 2019. KONE is the same employer covered by each agreement.

[3] The Respondent was provided with an opportunity to indicate whether they had any objection to the application. On 25 September 2020 KONE advised my Chambers that they consented to both applications.

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

[5] On the basis of the material before me, including the statutory declarations of Paul Scudds of the CEPU, both dated 23 September 2020 and lodged on 24 September 2020, setting out the steps taken by the Union in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[6] I am also satisfied that the Union has given notice in accordance with section 440 of the FW Act.

[7] Orders in conformity with the FW Act are issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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