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

[2021] FWC 673

[2021] FWC 673

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
Powertech Pty Ltd
(B2021/62)

DEPUTY PRESIDENT DEAN SYDNEY, 10 FEBRUARY 2021

Proposed protected action ballot of employees of Powertech Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, , Electrical Division, Qld and NT Divisional Branch (ETU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Powertech Pty Ltd (Respondent).

[2] On 10 February 2021, the 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 declaration of Wendel Moloney of the ETU made on 4 February 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR726824.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR726823>