Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v O&M Pty Ltd

[2018] FWC 4314

[2018] FWC 4314

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
O&M Pty Ltd
(B2018/621)

COMMISSIONER MCKINNON MELBOURNE, 23 JULY 2018

Proposed protected action ballot of employees of O&M Pty Ltd.

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

[2] On 23 July 2018 the Respondent advised that it did not oppose 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 Peter Mooney 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 PR609205.

COMMISSIONER

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