Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v R.E. McMahon Pty Ltd /Remac Fire
[2011] FWA 1227
•24 FEBRUARY 2011
[2011] FWA 1227 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
R.E. McMahon Pty Ltd /Remac Fire
(B2011/2573)
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT | SYDNEY, 24 FEBRUARY 2011 |
Proposed protected action ballot by employees of R.E. McMahon Pty Ltd /Remac Fire.
[1] This decision relates to an application under s.437 of the Fair Work Act 2009 by the CEPU for an order for a protected action ballot.
[2] At the hearing before me on 24 February 2011 the CEPU was represented by Mr McCrudden and the employer was represented by Mr Garato.
[3] The application seeks an order that a ballot be held of CEPU members employed by R.E. McMahon Pty Ltd /Remac Fire (the Company) at Unanderra, NSW. The application seeks that questions be put to the employees asking whether they support taking various types of industrial action.
[4] The CEPU submitted that all the statutory requirements for a ballot application are met and provided a draft order for consideration. The Company opposed the making of an order.
[5] The submissions of both parties provided an explanation about and history of the negotiations including the previous s.437 order that was made on 19 October 2010 (PR502857 [2010] FWA 8060).
[6] On the material before me, I am satisfied that the requirements for the making of a protected action ballot order have been made out. Accordingly, an order will be made in the terms sought by the CEPU.
SENIOR DEPUTY PRESIDENT
Appearances:
P McCrudden for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
R Garato for R E McMahon Pty Ltd/Remac Fire
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