Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Mackay Sugar Limited

[2015] FWC 3596

[2015] FWC 3596

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
Mackay Sugar Limited
(B2015/547)

DEPUTY PRESIDENT ASBURY BRISBANE, 27 MAY 2015

Proposed protected action ballot of employees of Mackay Sugar Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Mackay Sugar Limited (the Employer).

[2] On 25 May 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. On the same day the Employer’s representative advised that the Employer objected to the orders being issued in the terms sought. Directions and a notice of listing for a Hearing were issued to deal with the applications and the Employer’s objections.

[3] On 26 May 2015 the Employer’s representative wrote to my Associate to advise that on the basis that the CEPU had amended the order sought, the Employer withdrew its objection to the application being granted.

[4] In the circumstances I have decided to determine the matter on the basis of the material filed as I am satisfied it is no longer necessary to hold a hearing.

[5] The CEPU has filed an Affidavit of Michael Francis Haire in support of the application. Mr Haire is an organiser for the CEPU. On the basis of the information contained in Mr Martin’s Affidavit and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR567783] based on the draft provided by the CEPU will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR567784>