Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Stowe Australia Pty Limited (Newcastle Branch)

[2012] FWA 4816

[2012] FWA 4816

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
Stowe Australia Pty Limited (Newcastle Branch)
(B2012/839)

COMMISSIONER BULL SYDNEY, 5 JUNE 2012

Proposed protected action ballot by employees of Stowe Australia Pty Limited (Newcastle Branch).

[1] This is 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 (CEPU). It seeks a protected action ballot order in relation to certain employees of Stowe Australia Pty Limited (Newcastle Branch) (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CEPU filed a statement dated 1 June 2012 made by Mr Adam Wardrope, an official of the CEPU NSW Electrical Divisional Branch.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CEPU that the applicant has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR524801] based on the draft order provided by the CEPU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR524825>