Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v MHE-Demag Australia Pty Ltd

[2016] FWC 3671

[2016] FWC 3671

The attached document replaces the document previously issued with the above code on 6 June 2016.

The reference to PR581282 in paragraph [5] has been amended to refer to PR581280.

Rachel Kimber

Associate to Deputy President Gostencnik

Dated 14 June 2016

[2016] FWC 3671

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
MHE-DEMAG Australia Pty Ltd
(B2016/600)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 JUNE 2016

Proposed protected action ballot of employees of MHE-Demag Australia Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of MHE-DEMAG Australia Pty Ltd (the Respondent).

[2] On 6 June 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr D Timmers of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR581280.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR581282>