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

[2022] FWC 1441

[2022] FWC 1441

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

KONE Elevators Pty Ltd

(B2022/527)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 JUNE 2022

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 (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of KONE Elevators Pty Ltd (the Respondent).

1. On 6 June 2022, my Associate was advised that the Respondent objected to the application.

1. On 7 June 2022 I held a Mention where the Respondent withdrew its objection.

1. In the circumstances, I have decided to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Paul Scudds of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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.

1. An order has been separately issued in PR742427.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742426>