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

[2015] FWC 109

[2015] FWC 109

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
Mobil Refining Australia Pty Ltd
(B2015/102)

COMMISSIONER JOHNS MELBOURNE, 7 JANUARY 2015

Proposed protected action ballot of employees of Mobil Refining Australia Pty Ltd.

[1] On 5 January 2015 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) made an application for a protected action ballot order in relation to a group of employees of Mobil Refining Australia Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Mobil Altona Refinery Maintenance Framework Agreement 2011 (Agreement) which passed its nominal expiry date on 31 December 2014.

[5] On 6 January 2015 at 1.03pm, the Employer wrote to the Commission objecting to the Respondent being named as Mobil Oil Australia Pty Ltd.

[6] On 6 January 2015 at 3.10pm, Ms Emma Barnes of the ETU copied the Commission into correspondence with the Employer, seeking the Employer’s consent for the ETU to seek leave of the Commission to exercise its powers to amend the application by listing Mobil Refining Australia Pty Ltd as the Respondent.

[7] At 3.59pm on 6 January 2015, the Employer confirmed in writing to the Commission of no objection to the application being amended to name the correct Respondent, that is, Mobil Refining Australia Pty Ltd.

[8] The Commission, as presently constituted, amends the application accordingly pursuant to s 586 of the Act.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR559758] will be issued concurrently with this decision.

COMMISSIONER

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