Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tasmanian Country Club Casino Proprietary Limited T/A Tasmanian Country Club Casino

[2012] FWA 6057

[2012] FWA 6057

FAIR WORK AUSTRALIA

REASONS FOR 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
Tasmanian Country Club Casino Proprietary Limited T/A Tasmanian Country Club Casino
(B2012/1137)

COMMISSIONER JONES MELBOURNE, 18 JULY 2012

Proposed protected action ballot by employees of Tasmanian Country Club Casino Proprietary Limited T/A Tasmanian Country Club Casino.

[1] On 16 July 2012, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) made an application to Fair Work Australia (FWA) for a Protected Action Ballot Order pursuant to s. 437 of the Fair Work Act 2009 (the Act).

[2] The employees to be balloted are employed by the Tasmanian Country Club Casino Proprietary Limited trading as Tasmanian Country Club Casino.

[3] The employees to be balloted have their conditions of employment regulated, in part by the Country Club Resort Maintenance Enterprise Agreement 2006 (the Agreement), which has a nominal expiry date of 26 February 2012.

[4] On 16 July 2012, Mr Hardman for the Respondent advised my Associate that they did not object to the issue of an Order in the terms sought by the Applicant. Mr Burles, for the CEPU, has provided a statutory declaration with the application setting out relevant background information. On this basis I can determine this application on the papers, without holding a hearing.

[5] I am satisfied, having regard to the evidence, that:

(a) The proposed enterprise agreement is not a greenfields agreement or a multi-enterprise agreement: s. 437(2);

(b) The application specifies the group of employees who are to be balloted and the questions to be put to them, including the nature of the proposed industrial action: s. 437(3);

(c) The application was not made earlier than 30 days before the nominal expiry date of the Agreement: s. 438(1);

(d) The application was served on the employer and the Australian Electoral Commissioner: s. 440; and

(e) The CEPU has been and is genuinely trying to reach an agreement with the employer: s. 443(1)(b).

[6] I am satisfied that the requirements in s. 443(1) of the Act have been met and that, accordingly, the Order must be made. The Order (PR526384) is based on the draft Order provided by the Applicant and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR526422>