Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations Trust

[2021] FWC 6663

[2021] FWC 6663

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
NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations Trust
(B2021/1268)

VICE PRESIDENT CATANZARITI SYDNEY, 22 DECEMBER 2021

Proposed protected action ballot of employees of NSW Electricity Networks Operations Pty Limited as Trustee for NSW Electricity Networks Operations Trust

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of NSW Electricity Networks Operations Pty Ltd as Trustee for NSW Electricity Networks Operations Trust (Respondent).

[2] On 22 December 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Allen Hicks of the Applicant declared on 21 December 2021, 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 PR737059.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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