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

[2012] FWA 4283

[2012] FWA 4283

FAIR WORK AUSTRALIA

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
Service Stream Infrastructure Services Pty Ltd
(B2012/783)

COMMISSIONER LEWIN MELBOURNE, 17 MAY 2012

Proposed protected action ballot by employees of Service Stream Infrastructure Services Pty Ltd.

[1] This is an application for an order for a protected action ballot of members of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) employed by Service Stream Infrastructure Services Pty Ltd. (Service Stream)

[2] The application was filed by ETU on 15 May 2012.

[3] The ETU submitted and Outline of Submissions on 16 May 2012. The submissions detailed the progress of negotiations for the agreement in support of a finding that the ETU is genuinely trying to reach agreement with Service Stream for a proposed enterprise agreement.

[4] My associate emailed Mr Grant Whyte, National Manager - Resourcing, Development & Employee Relations of Service Stream, on 16 May 2012 asking Service Stream to indicate whether it would be objecting to the granting of this application. Mr Whyte responded on the evening of 16 May 2012 advising that Service Stream does not oppose the proposed order.

[5] In the circumstances I have decided to determine the matter on the papers without holding a hearing.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met, an order must be made. An order based on the draft order provided by the ETU is issued accordingly with effect from today.

COMMISSIONER

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