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

[2013] FWC 4320

[2013] FWC 4320

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
Motherson Elastomers Pty Ltd
(B2013/1000)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 3 JULY 2013

Proposed protected action ballot by employees of Motherson Elastomers Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) for a protected action ballot order in relation to certain employees of Motherson Elastomers Pty Ltd (the respondent).

[2] On 28 June 2013 at 1.21 pm the first application with three questions for the ballot was lodged with the Fair Work Commission. A second application, with an additional fourth question, was lodged at 3.00 pm that day. The second application is the subject of this order.

[3] My associate was advised by the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the CEPU had been and was genuinely trying to reach an agreement). The CEPU has provided a Statutory Declaration addressing the statutory grounds.

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

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538481] based on the draft order provided by the CEPU and in the form required by Fair Work Commission has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

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