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

[2022] FWC 380

[2022] FWC 380

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

Progress Rail Australia Pty Ltd

(B2022/92)

VICE PRESIDENT CATANZARITI SYDNEY, 23 FEBRUARY 2022

Proposed protected action ballot of employees of Progress Rail Australia Pty Ltd

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (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 Progress Rail Australia Pty Ltd (Respondent).

1. On 18 February 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Clint Hill of the Applicant declared on 16 February 2022, 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.

1. An Order has been separately issued in PR738641.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR738642>