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

[2019] FWC 6602

[2019] FWC 6602

FAIR WORK COMMISSION

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
KONE Elevators Pty Ltd
(B2019/1106)

COMMISSIONER HAMPTON ADELAIDE, 23 SEPTEMBER 2019

Proposed protected action ballot of employees of KONE Elevators 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 (the Act) for a protected action ballot order in relation to certain employees of KONE Elevators Pty Ltd.

[2] On 20 September 2019, the Commission wrote to KONE Elevators Pty Ltd seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that KONE Elevators Pty Ltd does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Damian Clancey of the CEPU setting out the steps taken by it in bargaining with KONE Elevators Pty Ltd and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

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