Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Stowe Australia Pty Ltd T/A Stowe Australia

[2018] FWC 7299

[2018] FWC 7299

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
Stowe Australia Pty Ltd T/A Stowe Australia
(B2018/1087)

COMMISSIONER MCKINNON MELBOURNE, 29 NOVEMBER 2018

Proposed protected action ballot of employees of Stowe Australia Pty Ltd.

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

[2] The matter was listed for hearing on 29 November 2018. Prior to the hearing, a brief conference was held to facilitate discussion between the parties. That led to an understanding in relation to work health and safety obligations and on that basis, Stowe advised the Commission that it no longer opposed the application. Accordingly, the matter will be determined on the papers without holding a hearing.

[3] On the basis of the material before me, including the statutory declaration of Mr Chris Clark of the CEPU Tasmania, setting out the steps taken by it in attempting to bargain with Stowe and that it has been, and is, genuinely trying to reach agreement with Stowe, 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.

[4] An order is separately issued in PR702739 and comes into effect today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR702738>