Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Renewable Power Australia Limited

[2019] FWC 2083

[2019] FWC 2083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Renewable Power Australia Limited
(B2019/250)

DEPUTY PRESIDENT ASBURY BRISBANE, 29 MARCH 2019

Proposed protected action ballot of employees of Renewable Power Australia Limited, who work at the employer's operations at Mill Road Woongoolba.

[1] This decision concerns an application made pursuant to 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 (the CEPU) on 27 March 2019. The CEPU seeks a protected action ballot order in relation to certain employees of Renewable Power Australia Limited (the Employer).

[2] The Fair Work Commission (the Commission) sent correspondence to the Employer on 27 March 2019 seeking that the Employer urgently advise whether there was an objection to the application. The Commission sent further correspondence at 11.46am on 28 March 2019 after no response was received to the previous correspondence, advising the Employer that the application would be allocated to a Member to determine if the Employer did not advise of its position by 3.00pm. No response was received and the application was allocated to me.

[3] I caused my Associate to send correspondence to the Employer directing that the Employer advise whether it objected to the application by 10.00am 29 March 2019, and if so, the grounds on which the Employer opposed the application. That correspondence also noted that it appeared that an incorrect email for the Respondent had been provided by the CEPU on the application.

[4] Subsequent correspondence was received from the Employer at 3.59pm on 28 March 2019 advising that the Employer does not oppose the application.

[5] On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Beau Malone, Union Organiser, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR706349] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR706345>