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

[2018] FWC 2567

[2018] FWC 2567

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
Schindler Lifts Australia Pty. Ltd.
(B2018/341)

DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 8 MAY 2018

Proposed protected action ballot of employees of Schindler Lifts Australia Pty. Ltd.

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

[2] On 8 May 2018 my associate was advised that the Respondent neither consented nor objected to the application. The Respondent did not wish to be further heard.

[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 S Diston 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 PR606893.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR606892>