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

[2019] FWC 4168

[2019] FWC 4168

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
Nepean Power Pty Ltd
(B2019/473)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 14 JUNE 2019

Proposed protected action ballot of employees of Nepean Power 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 Nepean Power Pty Ltd (Respondent).

[2] On 14 June 2019, my Associate was advised that the Respondent did not wish to be heard on this matter at this time.

[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 Stuart Elliott 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.

[5] An order has been separately issued in PR709399.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709398>